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R E R O R I 


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OF THE 



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APPOINTED TO VISIT THE 


CHEROKEE NEUTRAL LANDS. 


18 7 0 . 


TOPEKA, KANSAS: 

S. S. PROUTY, PUBLIC PRINTER 

PRINTED AT THE “COMMONWEALTH” STATE PRINTING HOUSE. 

1870. 























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Kanvas. l_e.gis\».\:v*Y«., V\o*se. <A &*h'vt*. 

^ 'SxjAtc.'V GoTnnxVttt#. ^tc.3 

REPORT 

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07 THE 


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APPOINTED TO VISIT THE 


CHEROKEE NEUTRAL LANDS. 

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18 7 0 . 


TOPEKA, KANSAS: 

B. S. PROUTY, PUBLIC PRINTER. 

PRJRTKD AT TUB " COMMONWEALTH’’ 8TATB PKIMTUKI HOWS®, 

1870. 































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JUN 15 h. 

Di of D. 







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• • 




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* •• • 







MAJORITY REPORT. 


Mr. Speaker: We, the undersigned, a majority of the 
select committee appointed under the resolutions of the 
House, adopted February 4th, 1870, to take into consideration 
that portion of the Governor’s Message which refers to the 
Neutral Lands, etc., with power to send for persons and 
papers, and with authority to visit that region and report, 
both upon the action of the troops and of the people on those 
lands, respectfully report that, in pursuance of said resolu¬ 
tions, the committee visited the Cherokee Neutral Lands, and 
took the testimony of witnesses at Girard and Columbus, on 
those lands, as also that of witnesses at Baxter Springs, Fort 
Scott and Topeka, all of which testimony is herewith sub¬ 
mitted and made a part of this report: 

We, the undersigned, find from the evidence that as early 
as February, 1869, an organization existed on those lands 
known as “The Land League;” that such organization still 
exists there, and that its name now is “The Neutral Land 
Home Protecting Corps” that it was, and still is, a secret quasi¬ 
military organization numbering upwards of fifteen hundred 
men, commanded by a general and drilled into regiments, bat¬ 
talions and companies, commanded by colonels, lieutenant 
colonels, majors, captains, and other officers with military 
designations ; that one of the objects of said organization 
was to prevent the building of the Missouri River, Fort Scott 
& Gulf Railroad through the Neutral Lands, until James F 
Joy should relinquish his right or claim to those lands ; that 
in accordance with the settled purpose of the League, about 
two hundred of their number, being fully armed, Inarched on 
Baxter Springs to break up the railroad land office at that 
place, and did, by threats and intimidation, compel its removal 
therefrom ; that during the spring and early summer of 1869, 



4 


members of “The League” forcibly burned about twenty-six 
hundred railroad ties in Cherokee county on those lands ; 
also, that they arrested Col. J. A. J. Chapman and Capt. John 
Bunk, jr., engineers on the road, together with their party of 
assistants and iaborers, and after burning the wagons, tents, 
surveying instruments, blankets, commissary stores, etc., 
drove the subordinates of the surveying party from the lands, 
■with orders never to return in the employ of the railroad 
eomppmy, under penalty of death, and that they then marched 
Col. Chapman and Capt. Bunk several miles south, when they 
stripped off the coats from their prisoners, hoodwinked them 
and administered to each of them fifteen lashes, and then 
ordered them to leave, to never return, and to never mention 
what had occurred, under penalty of death; also, that they 
forcibly drove from the line of the railroad laborers, agents 
and other employees, and from the Neutral Lands many per¬ 
sons, because of their opposition to the League and their 
friendship with the railroad company. 

We also find that the Governor of the State was informed 
hy verbal statements, letters, affidavits, petitions and official 
certificates of the officers of Crawford and Cherokee counties, 
of the perpetration of these outrages, and that the violators 
of the law were too formidable to be successfully resisted or 
restrained by the civil officers of those counties ] that, acting 
upon the information thus received, the Governor made appli¬ 
cation to the proper military authorities for a sufficient force 
of United States troops, to be stationed on those lands, to 
preserve the peace and to protect persons and property; that, 
in compliance with that request, troops were sent and are 
there now, stationed at different points in Crawford and 
Cherokee counties, contiguous to the line of the road, under 
the command of Major James P. Boy, of the Sixth United 
States Infantry—a gallant soldier, a most excellent and dis¬ 
creet officer, an honest and disinterested man. 

We further find that prior to the arrival of troops on those 
lands lawlessness prevailed and terrorism reigned there ; that 
but for their presence the railroad could not have been built 
through the lands, nor could persons who advocated the 
building of the road have safely remained there. We further 


5 


find that since troops havo been stationed on those land* 
order has prevailed throughout that region, although a very 
hostile feeling seems still to exist among tho people; so 
intense indeed that, as wo believe, should tho troops be 
removed, collisions, resulting in bloodshed, would ensue. Wo, 
therefore, believe that there was a necessity for United States 
troops on tho Neutral Lands at the time that they were 
stationed there; and, we further believe that that necessity 
exists. 

All of which is respectfully submitted. 

JOHN T. BURRIS, 

E. H. LE DUC, 

JOHN K. WRIGHT. 

Majority of Committee. 


TESTIMONY. 

Committee met at Fort Scott this the 7th February, 1870, 
and organized by Amos Sanford in the chair and John. K. 
Wright elected Secretary, and proceeded to take depositions. 

Witness, J. B. White, being duly sworn according to law, 
deposeth and saith: 

By Col. Burris: 

1st Q. What is your name, age, place of residence and 
occupation ? 

1st A. John B. White; reside at Kansas City; 29 years 
of age; tie inspector of Missouri River, Fort Scott & Gulf 
Rail Road. 

2d Q. How long have you been in the employ of that 
railroad company ? 

^2d A. One year and twenty-three days. 

3d Q. Do you know of any railroad ties which were 
furnished for that company being burned or destroyed, and if 
so, when, where, how many, and by whom destroyed ? 



6 


3d A. Yes, sir. I know of about two thousand ties being- 
burned in Cherokee county, four hundred burnt about the last 
of June, 1869, and sixteen hundred about the 1st of August, 
supposed to be burned by the Land Leaguers of that county. 

4th Q. In what condition were those ties previous to 
being burned; were they scattered about or piled up together ? 

4th A. They were scattered about or left as they were 
manufactured in the woods. 

5th Q. Must they have been collected together in order 
to be burned ? 

6th A. Yes, sir. 

7th Q. Were they thus collected by the company or its 
employees ? 

7th A. No, sir. 

8th Q. About how much are railroad ties worth each ? 

8th A. Sixty-five cents delivered on the line, and about 
forty-five cents each, as those were. 

9th Q. Have you seen the place or places since the 
burning of those ties, where they were burned ? 

9th A. Yes, sir. 

10th Q. Were they burned all in one place or in different 
places ? 

10th A. In different places. 

11th Q. Have you had any conversation with any of 
those persons whom you call Land Leaguers, and if so, who 
were they, and when and where were such conversations ? 

11th A. I had conversation with Mr. Smith, merchant 
and post master at Wirtonia, sometime in June, last (1869) 
also with Mr. Keeler, at his residence near the county line, 
between Crawford and Cherokee, sometime in September 
or October, 1869. 

12th Q. What was the conversation between yourself 
and Mr. Smith ? 

12th A. Mr. Smith told me that he was a member of the 
League, that it was unsafe for Mr. Joy or any of his agents 
to come on to the land. I asked Mr. Smith if the railroad 
would be built if troops protected the workmen on the road; 
he said the road would probably be built, but could not be 


7 


run successfully after the troops were taken away; he said 
that he did not believe in land monopolies, and that Mr. Joy 
would be assassinated in Detroit by himself, or some other 
member of the League if he persisted in building the road. 

13th Q. What was the conversation between yourself 
and Mr. Keeler ? 

13th A. Mr. Keeler said that he regretted very much 
the difficulties between the Land Leaguers and the railroad 
company; that he did not approve of the violence that 
had been used towards them, meaning the railroad company 
or employees; that he was a prominent member of the 
League; that he had joined the League purely for the purpose 
to contest the title of the Land Purchase, and that he yet 
feared that depredations would be committed when the road 
was no longer protected. 

14th Q. Do you know of any other or further depreda¬ 
tions being committed by the Leaguers than those of which 
you have spoken of your own personal knowledge ? 

14th A. No, sir. 

15th Q. Do you, of your own personal knowledge, know 
of any other or further threats being made by the Leaguers 
against the railroad company or its employees ? 

15th A. Yes, sir. One other man at Wirtonia threatened 
the life of Mr. Joy; said he belonged to the League; know 

where he lives, but don’t know his name. 

• 

16th Q. Did you ever, at any time, hear any one of the 
Leaguers threaten to take to the bush in any event, and if so, 
under what circumstances, when and where was the threat 
made, and by whom ? 

16th A. Yes, sir. By Mr. Smith. In my conversation 
with him, already referred to, he said that he was not too old 
to take to the bush if his rights were infringed upon. 

By E. H. Le Due : 

17th Q. What evidence have you that the ties wore 
burned by the Leaguers ? 

17th A. I have no evidence of my own personal knowl¬ 
edge. 


I 


s 

18th Q. What leads you to think that the Leaguers burned 
them ? 

18th A. By statements of other parties. 

19th Q. Who were those parties ? 

19th A. The foreman and other parties that manufactured 
the ties ; I cannot give you the names. 

20th Q. Bid they tell you that they knew who burned 
them? 

20th A. They told me that they knew who burned them, 
and that they belonged to the Leaguers. 

By J. H. Snead: 

21st Q. In the conversation you Kad with Mr. Smith and 
Mr. Keeler, did they state to you the intention or object of 
the League ? 

21st A. Yes, sir; Mr. Keeler inferred the object of the 
League in his statement to me. 

22d Q. What do I understand by your saying what he 
inferred ? 

22d A. Mr. Keeler stated that when he first joined the 
Leaguers he joined for the purpose of contesting the title of 
the land, but didn’t approve of the opposition to the railroad 
company. 

23d Q. Bid Mr. Smith state to you the object of the 
League ? 

23d A. Mr. Smith told me that I might be an agent of 
Mr. Joy’s, and that the members of the League proposed to 
hold the lands in spite of Mr. Joy or any of his damned 
pimps. 

By Amos Sanford: 

24th Q. Are you sure that Mr. Smith used the word 
damned ? 

24th A. I am. 

25th Q. Bo you know whether or not any of the Leaguers 
have ever been arrested for burning the ties you speak of? 

25th A. I do not. 

26th Q. Was there any complaint filed or warrant issued 
for that purpose ? 


9 


26th A. None that I know of. 

By J. H. Snead: 

27th Q. Have yon ever been mistreated by any of the 
Leaguers ? 

27th A. No, I have not; I have never been known to 
the Leaguers as a railroad man until after the ti?oops were on 
the ground. 

By J. T. Burris : 

28th Q. Do you know or did you hear from any one of 
the Leaguers how numerous they were who were among 
these leading officers, and whether the Leaguers were, prior 
to the arrival of the troops on the ground, habitually armed ? 

28th A. I heard a good deal said upon that subject, but 
would not s^vear that I heard any Leaguers say anything 
about it; as to their being armed, I do not know from my 
own knowledge, or from the statement of the Leaguers. 

By E. H. LeDue: 

29th Q. Do you know whether the railroad employee* 
have ever had any trouble with the settlers on the line of the 
railroad, or done any damage to the settlers ? 

29th A. They have had trouble with men belonging to 
the Leaguers, but don’t know as they have had any personal 
encounters or difficulties with any of the settlers. 

30th Q. For what purpose were the troops stationed 
there for ? 

30th A. I understood that they were placed there to pro¬ 
tect railroad employees and railroad property. 

31st Q. Were the railroad employees in any danger from 
the Leaguers before the troops were stationed there ?, 

31st A. I think so. 

By J. H. Snead: 

32d Q. What makes you think so ? 

32d A. By the statements made by Mr. Smith. 

33d Q. Do you think that there is any necessity for 
troops to be stationed on the Neutral Lands now ? 

33d A. Yes, sir. 

34th Q. For what purpose ? 


10 


34th A. For the purpose of protecting railroad employ¬ 
ees and railroad property. 

By J. H. Snead: 

Q. Would you have any fears as one of the railroad em¬ 
ployees to go upon the Neutral Lands if there were no troops 
stationed there? 

A. I should have, to transact railroad business. 

JOHN B. WHITE. 


By J. T. Burris: 

Witness Johnson Virtue, being duly sworn according to 
law, deposeth and saith: 

1st Q. What is your age, where do you reside and what 
is your occupation ? 

1st A. I have been residing on this railroad since March 
last j my home is in Minnesota, my age is thirty-five years ; 
my occupation is that of a contractor of stone work on the 
Missouri River, Fort Scott and Gulf Railroad. 

2d Q. Have you ever been upon the Cherokee Neutral 
lands ? 

2d A. Yes, sir. 

3d Q. Have you ever had any conversation with any of 
the Land Leaguers on that tract of land; and if so, when 
where, and with whom ? 

4th A. In August last I had conversation with a man by 
the name of Langdon, who called himself a Major of the 
League, as I understood him. 

5th Q. State what that conversation was ? 

5th A. He asked me what I was doing in the country and 
where I came from; I told him that I had been here since 
March, and that I came from Minnesota, and he further asked 
me if I was not afraid to come down in that country on ac¬ 
count of the troubles there was 'about land, between the 
settlers and railroad company; I told him that I was not 
afraid, as I was not interfering with either party; he said 
that any man traveling in that country was as safe there as 



11 


anywhere, if he was not known to be a railroad man, but 
railroad men could not be safe to cross into Crawford county, 
until the trouble were settled without troops; I asked him 
where the troops were a going, as Gen. Hazen had got into 
Fort Scott with troops before I left Scott; he looked at me 
and asked me if that w r as so; I told him yes, I had seen them 
here ; he said that would settle the question. 

6th Q. Did Major Langdon, in the conversation you had 
w T ith him, make any threats against railroad men or railroad 
property before you informed him of the arrival of troops at 
Fort Scott? 

6th A. I asked Mr. Langdon if ever this man, Joy, was 
on the land that they were contesting. He said that he was 
supposed to go through there as a cattle drover, at one time 
to Baxter Springs, from there to Chetopa; I think he said 
hack by the way of Garnett; he said that if they would catch 
him there now, they would kill him quicker than hell would 
scorch a feather. 

7th Q. Have you, at any time, heard any other or further 
threats from any of the Land Leaguers against the railroad 
men or railroad property, and if so, when, where and by 
w T hom? 

7th A. Yes, I have heard some threats made by men, but 
have not their names, but know where they live; one is in 
Cherokee and one in Crawford county, with whom I stopped 
in particular; and a number of them, in fact, talked the same 
way; most all the people who lived in the country talked 
against the railroad, but those in the towns talked rather in 
favor of the railroad. The cry was, among the men who 
lived in the country, that the railroad could not be built ex¬ 
cept it was protected by blue coats. 

8th Q. Where did this Major Langdon, of whom you 
speak, reside ? 

8th A. He lived on Cow Creek, (so called) T think, 
Crawford county. 

By A. Sanford : 

9th Q. Have you, within the last three or four months, 
had any of the Leaguers under your employ near Columbus, 


12 


Kansas, and if so, what did they do, and how much did you 
agree to pay them per day ? 

9th A. I had some farmers, I don’t know that they war* 
Leaguers, working for me, hauling rock ; I sent, my foreman 
down there to open the work down there; ho rsked me, when 
he was a going down, what he would pay for teaming; I told 
him the same as we were paying along the line, that was four 
and a half per day; he understood the wages aa well as I did. 

10th Q. When the men were paid off was there any 
complaint made by them, and if so, what was it ? 

10th A. There was, three or four said that they thought 
that they were to have more than four and a half per day; 
I told them that that was what we were paying along the 
line, and they appeared satisfied; they took their money and 
went on to work again, all we wanted of them, until we got 
through, which was about the 10th of January, 1870. 

11th Q. Is there an ill feeling between the railroad 
employees and the settlers or farmers around Columbus ? 

11th A. Hot that I know of. 

12th Q. Do you know of any threats on the part of the 
railroad men under your charge, to destroy the printing ofiioe 
in Columbus ? 

12th A. No, sir. 

13th Q. Did you give these teamsters authorit}^ to take 
rock from the claims of citizens there, without paying for it ? 

13th A. No, sir. I agreed to pay one man, Mr. Davis, 
which I paid him part, but have not hauled all away yet. 

14th Q. Did the railroad engineers, or anybody else, 
authorized by the railroad company, direct you or any other 
employees of the road to haul stone from the claims of the 
settlers without paying them for it ? 

14th A. No, sir; but they told me that I could take rock 
from anywhere I could find it on claims that were not settled 
on, but where farmers were settled on claims I would have to 
arrange with them for it; we never had any trouble about 
rock until we got to Columbus. 

By J. II. Snead: 

15th Q. Did Langdon tell you that he was a Leaguer? 


13 


15th A. Yes, sir. 

16th Q. Did he tell you what the League was for? 

16th A. Yes, sir. He said it was to test the title to the 
laud. 

17th Q. Did ho threaten any one but Joy ? 

17th A. No, sir. He did not. 

18th Q. Did you ever tell Joy about the threats ? 

18th A. No, sir. I don’t know him. 

19th Q. While you have been on the road, have you or' 
any of your men been personally mistreated by the settlers ? 

19th A. No, sir. 

20th Q. Have you any desire who shall prevail in the 
contoot a going on between the railroad company and the 
settlers ? 

20th A. No sir, not any; I work for money, and so I get 
my pay is all I care for. 

By A. Sanford. 

21st Q. What trouble did you have at Columbus about 
rock ? 

21st A. They did not seem to want us to take rock. 

J. VIRTUE. 


Dr. J. S. Redfield, who being first duly sworn according 
to law, deposeth and saith: 

By J. T. Burris : 

1st Q. State your name, age, place of residence, and 
profession ? 

1st A. My name is John S. Redfield ; my age is 47 years ; 
residence, Fort Scott; profession, physician. 

2d Q. Are you acquainted with any of the so-called Land 
Leaguers on the Cherokee Neutral Lands? 

2d A. I am acquainted with Mr. Smith, of Wirtonia, 
whom I have heard stated was a Leaguer, and I have heard 
him say that he was so, in a crowd. 



14 


,3d Q. Do you know the business in which Mr. Smith 
referred to, is engaged ? 

3d A. He was in the mercantile business at the time, but 
whether he is now or not I don’t know. 

4th Q. What statements have you heard Mr. Smith make 
with reference to James F. Joy, Missouri River, Fort Scott 
& Gulf railroad company, or its employees or property ? 

4th A. I have heard him say that Joy would not be safe 
on the lands if he came there; that they might run the road 
With troops, but that they could not always keep them there, 
and that they could not run without, or something to that 
effect. 

5th Q. Have you heard Mr. Smith, or any other Land 
Leaguer, make any other threats than those which yoti have 
already stated? 

5th A. I have. I have heard Mr. Smith and others say 
a great deal in the way of threats, but I don’t recollect what 
it is. I have not paid much attention to their talk. 

6th Q. Did you ever hear Mr. Smith, or any other Land 
Leaguer, threaten to take to the bush or brush, or in any way 
threaten to use violence against the employees of the railroad 
company ? 

6th A. Ho, sir. I don’t know that I have. 

JOHN S. REDFIELD. 


Maj. James P. Roy, being duly sworn according to law, 
deposeth and saith: 

By John T. Burris: 

1st Q. What is your name, age, place of residence, occu¬ 
pation or profession ? 

1st A. James P. Roy, major United States army; resi¬ 
dence in the United States; occupation, a soldier; age, 41 
years. 

2d Q. Where are you stationed, and of what troops are 
you in command? 

2d A. My headquarters are at Fort Scott, Kansas: I am 
in command of a battalion of four companies of the sixth 



15 


United States infantry, and one company of the seventh 
United States cavalry, which troops are stationed on what is 
known as the Cherokee Neutral Lands. 

3d Q. How long have troops been stationed on the Cher¬ 
okee Neutral Lands ? 

3d A. I think about the first of July, 1869, one company 
of the sixth infantry arrived there; then they were followed 
about the first of September by three more companies of same 
regiment, and about the first of November there arrived a 
troop of the seventh United States cavalry. 

4th Q. When did you assume command of the forces 
stationed on the Neutral Lands? 

4th A. About the tenth of September, 1869. 

5th Q. How are the forces under your command situa¬ 
ted; are they in garrisons, camps, cantonments, or are they 
quartered upon the people residing upon those lands ? 

5th A. The troops occupy temporary barracks at differ¬ 
ent points adjacent to the line of the railroad. The first 
station is on Middle Dry Wood, about fifteen miles south of 
Fort Scott; the second about four and a half miles north of 
Girard, on Cow Creek, in Crawford county; the third at the 
head of Limestone Creek, about seven miles south of Girard; 
the fourth or last station is about one and a half miles south¬ 
east of Columbus, Cherokee county. 

6th Q. From what source do the troops under your com¬ 
mand draw their quartermaster, commissary and medical 
supplies ? 

6th A. The fuel and forage is purchased at Fort Scott 
and the points adjacent to the stations of the troops. The 
commissary and medical supplies are supplied by the United 
States government. 

7th Q. Who pays for the supplies purchased at Fort Scott 
and stations adjacent to where the troops are stationed? 

7th A. The United States government. 

8th Q. Have you permitted to he committed, or do you 
know of having been committed, without your consent or 
contrary to your orders, by the forces of your command, 
depredations upon the people upon the Neutral Lands? 


16 


8th A. Never; nor has there been a single complaint on 
the part of citizens in regard to acts of wantonness commit¬ 
ted by the soldiers. 

9th Q. Do you know of any ill feeling existing between 
the enlisted men of your command and the citizens generally 
of the several localities in which they are stationed ? 

9th A. I do not, but believe, on the contrary, that an 
excellent state of feeling exists between the soldiers and citi¬ 
zens. 

11th Q. What reasons have you for believing that so 
excellent a feeling exists between the soldiers and citizens on 
the Neutral Lands ? 

11th A. From the fact that at the expiration of every 
two months the paymaster comes around and pays off the 
troops, disbursing to them from eight to twelve thousand 
dollars, nine-tenths of which money is absorbed by the citi¬ 
zens, and also the produce of the Neutral Lands is mainly 
bought by the troops stationed near them. 

12th Q. Have you had any conversation with persons 
calling themselves Land Leaguers concerning the removal of 
the troops from the Neutral Land? 

12th A. I have, and believe from what those with whom 
I have conversed say, although they were opposed to the 
troops coming there in the first place, that they do not now 
object to their being there. 

13th Q. From what you have seen and heard do you be¬ 
lieve that the people generally on the Neutral Lands desire 
the removal of the troops ? 

13th A. I do not, from the fact that self interest would 
prompt the people to retain the presence of the troops so 
long as they behave themselves, as for reasons given above. 

14th Q. Do you believe, independently of all railroad 
considerations, that the retaining of the troops on the 
Neutral Lands is a benefit or an injury to the people of that 
region ? 

14th A. I should say benefit, decidedly. 

By A. Sanford : 


17 


15th Q. By what authority, and for what purpose were 
troops stationed on the Neutral Lands? 

15th A. I was ordered here by Major General Ilazen, 
District Commander. I have never received any instructions 
in any manner, shape or form, since I have been in command 
of the troops stationed as above. 

16th Q. Do you know of any necessity for the aid of 
the military arm of the government on said lands at this 
time, or at any time previous ? 

16th A. Not knowing, I cannot say. I have not been 
called upon by any civil authorities since I have been here. 
I do not know whether the necessity exists or not. There 
has been no trouble since I have been stationed here. 

17th Q. Are you governed by the special orders issued 
by General Hazen ? 

17th A. General Hazen is no longer in command of the 
district, therefore I am not governed by his orders ; I report 
directly to department headquarters, at St. Louis, Missouri. 

18th Q. Have you ever heard from the settlers on the 
Neutral Lands, of any resistances made to civil officers while 
in execution of civil process? 

18th A. I have not. 

By J. T. Burris: 

19th Q. Do you know, of your own personal knowledge, 
what the state of affairs was on the Neutral Lands prior to 
the stationing of troops there ? 

19th A. I do not. 

JAMES P. BOY, 

Major Sixth Infantry . 


Committee met at Girard, this the 8th February, 1870, and 
proceeded to examine C. Dana Sayrs, who, being first duly 
sworn according to law, deposeth and saith : 

By A. Sanford : 

2 



18 


1st Q. Where do you reside, what is your name, age and 
occupation ? 

1st A. Girard, Crawford county, Kansas ; name, C. Dana 
Sayrs ; age, 28 years ; occupation, a lawyer. 

2d Q. How long have you resided here ? 

2d A. Since August, 1868. 

3d Q. State, if you know, whether or not the United 
States troops are now stationed in this county, and if so, how 
long, and for what purpose, and by what authority they were 
so stationed ? 

3d A. United States troops are stationed in this county, 
and have been since July, 1869; they were sent, in the first 
place to assist the sheriff to execute the law ; and, the second 
place, to intimidate the people; and, the third place, to stand 
guard over old soldiers. They were sent by authority of the 
Governor of this State, Governor Harvey. 

4th Q. How do you know that the troops were sent here 
to assist the sheriff to execute the law ? 

4th A. When they came here they asked for the sheriff 
of the county; they were to report to him. I will further 
state that the under sheriff of the county went to their camp 
and staid with them—lived with them for about three months. 

5th Q. Prior to that time had there been any resistance 
to the execution of the civil law within the county ? 

5th A. None that I ever heard of, or know of. 

6th Q. Since your residence in the county has there been 
any necessity for a military force to aid the civil officers in the 
performance of their duties, and is there any necessity for 
United States troops being stationed in this county now ? 

7th A. There never has been any necessity for troops; 
they have remained idle from the time they entered this 
county until to-day. I never heard of them being called upon 
to assisst the officers in the execution of the law. There is 
no necessity for them to-day, no more than in Leavenworth 
or Douglass county. 

By J. T. Burris: 

8th Q. Were you sheriff of Crawford county, prior to 
the arrival of troops here. 


19 


8th A. No, I was not sheriff. 

9th Q. Were you under sheriff, deputy sheriff, constable, 
United States marshal or any other ministerial officer prior 
to that time ? 

9th A. I was not, sir. 

10th Q. How then do you know that no resistance had 
been made to the execution of civil process in this county ? 

10th A. Well, sir. First, having a new district clerk for 
the county, I assisted him in preparing his docket; was 
familiar with all the papers in his court; no complaint or 
returns were made, or had been made, by the sheriff of this 
county, that any processes issued from said court had been 
resisted by the people ; second, I am familiar with most of 
the justices of the peace within and for said county; have 
had access to their dockets ; have never seen any paper, and 
have never heard any of their constables, or any justice of 
the peace say that a process had been resisted by the people; 
had there been a process resisted I should certainly have 
known something of it, I was traveling through the country 
a great deal. 

11th Q. How do you know that there was not a necessity 
for the stationing of troops in this county ? 

11th A. Because the civil law had never been obstructed; 
no officer had ever been resisted in the serving of a process ; 
the men were busy breaking prairie and the women and 
children were planting the corn. 

12th Q. How do you know that there is no necessity 
now to retain the troops stationed in this county ? 

12th A. Because the people are quiet, orderly, friendly, 
good-natured towards each other, notwithstanding they dis¬ 
agree upon the land question. 

13th Q. How do you 'know that the troops stationed in 
this county were so stationed by the authority of the Governor 
-of this State ? 

13th A. I have had in my hand the certified copy of a 
letter of the sheriff and a petition of the citizens addressed 
to him, giving in justification for the sending of the troops 
here; I have seen it stated in the papers that the troops were 


20 


here by his authority; I have also been told so by some of the 
officers, that the Governor had made a requisition on the War 
Department for troops, and that they were here from such 
request. 

14th Q. In what paper did you see that statement ? 

14th A. Fort Scott Press j I think I saw it in the Record, 
when Laughlin made a speech there, at Topeka, and I think I 
saw it in the St. Louis Democrat, and other papers; I have seen 
it in the Fort Scott Post and Monitor. The first place I saw 
it was in the Fort Scott Post. 

15th Q. What were you doing over the county as you 
have before stated ? 

15th A. About the first of May, 1868, I had doubts in 
my mind as how the people stood in the county upon the 
building of the Missouri River, Fort Scott & Gulf Railroad 
through the county; I wished to see whether the people 
intended by force to resist the construction of the said road.. 
I first went on the west portion of the county ; from thence 
to the east end, talking with them; during which time I 
talked with them at their homes, firesides, on fences, in their 
fields and never met with a more law abiding people in my 
life, the last ten years of which was west of the Mississippi 
river; I was gone nineteen days, and only found a small 
handful, out of about three or four hundred settlers, that 
were disposed to use force against the construction of said 
enterprise; my business, thereafter, frequently called me into 
the country, I saw no organized bands of men, nor heard of 
any, that were attempting to resist the law, or injure the 
person of the sheriff; it was quite an uncommon thing to meet 
with armed men; I, myself, never was in the habit of carrying 
anything but a penknife in the shape of weapons, except on 
election day I had a pistol, when nearly everybody was 
armed; I correct, by saying a great number were armed on 
election day. 

16th Q. What was your business in canvassing the 
county during the nineteen days, as referred to in answer- 
to the last question ? 

16th A. I started out to feel the public pulse, to know 
how the boys stood; I was employed, and brought several 


21 


lawsuits for different parties, before justices’ courts; was fish¬ 
ing, and trying to have a good time generally; that was my 
business during that time; I saw or heard of no public meet¬ 
ings; as before stated, everybody was busy farming. 

17th Q. Were you at that time perfecting the organiza¬ 
tion of, or working with the organization known as the Land 
Leaguers ? 

17th A. I was not; on the contrary, I was censured by 
many friends for a railroad speech I had made just before I 
started out, as court adjourned on Saturday night, and I 
started Monday. 

18th Q. Have you been at any time, and are you now a 
member of the organization known as Land Leaguers? 

18th A. I guess, I am; I belong to an organization vul¬ 
garly termed Leaguers, that have associated themselves 
together, for the purpose of keeping a delegate in Washing¬ 
ton, District Columbia, Mr. Laughlin. 

19th Q. Has the organization of which you are a mem¬ 
ber, referred to in the answer in your last question, any other 
object than that of raising money to defray the expenses of 
a delegate at Washington, District Columbia ? 

19th A. Well, sir, it has another object; it has an object 
to keep united and contend with Mr. Joy if congress should 
refuse to annul his sale, to raise money to fight him in the 
courts; if it has any other object, it is unknown to me. 

20th Q. When was the organization, vulgarly called 
Land Leaguers, first created ? 

20th A. I can’t say. 

21st Q. Has the organization, vulgarly called Land 
Leaguers, been changed since its first creation ; and if so, 
when, how many times, and what is its name now ? 

21st A. We first met in public, after which the meetings 
became irregular and badly attended; people became down 
hearted and discouraged, and a secret association was formed; 
bow many times it has changed, I can’t say; from the time I 
became a member of it, which was an association in Baker 
township in this county, it has not changed; I am still a 
member of that association ; it is called the Anti-Joy League. 


22 


22d Q- Do you know of any acts of violence by any of 
the people of this county, or of Cherokee county, toward the 
railroad company, or any of its employees prior to the arrival 
of troops here ? 

22d A. I do not. 

23d Q. Do you not know of J. A. J. Chapman, or other 
engineers or employees, being driven from the line of the 
railroad in this county ? 

23d A. I only know it from hearsay; I don’t know it 
myself. 

24th Q. Did you hear any Leaguers say that Mr. Chap¬ 
man, or any other engineers or employees, were driven off? 

Question objected to by Mr. Snead, on account of being 
incompetent. 

24th A. I don’t think I ever heard any Leaguers mention 
Colonel Chapman’s name; I have heard some men, can’t say 
whether they were Leaguers or not, say that the railroad 
should not be built, until they got their land at one dollar and 
a quarter an acre; one J. W. Lane, who ran as candidate as 
sheriff, on the railroad ticket, in opposition to the League 
ticket last fall, as chairman of a committee, offered a resolu¬ 
tion in this town in April last, of words in substance, to-wit: 

j Resolved, That James F. Joy shall not build or construct 
his railroad on these lands, (meaning the Neutral Lands,) 
until the settlers got their homes at one dollar and a quarter 
an acre. 

25th Q. Was that resolution adopted ? 

25th A. It was adopted in a public meeting. 

26th Q. Did you ever hear any others, besides Mr. Lane, 
say that the railroad should not be built until the settlers 
received their lands ? 

26th A. Oh, yes, I have heard some others say so. 

27th Q. About how many have you heard make such a 
remark as that? 

27th A. I can’t say. 

By J. H. Snead : 

28th Q. How long have you resided in this county ? 

28th A. Since August 1868. 


23 


29th Q. Have the courts during that time up to the 
present, been open, that civil law could have been enforced? 

29th A. Yes, sir, they have been open. 

Has there been any disturbance between the settlers and 
the railroad company or employees, and if so, what was it ? 

29th A. There has been none that I have any knowledge 
of; personal knowledge of. 

By E. H. LeDuc: 

30th Q. Are the people generally in favor of allowing 
the railroad to be built ? 

30th A. As far as my knowledge is concerned, I think 
they are. 

By J. T. Burris : 

31st Q. Ho you not know that at a term of the district 
court of this county, certain persons charged with obstructing 
the building of the railroad were released by the court by 
promising to desist from further obstructing, or resistance of 
the law. 

31st A. My positive knowledge, there never has been 
any information or complaint filed in the district court for 
any such offense; and no one has appeared before the district 
court chauged w T ith such offense. 

By J. H. Snead : 

32d Q. What would you have the Committee understand, 
by standing guard over old soldiers ? 

32d A. I meant the settlers in this county, a majority of 
which were old soldiers, who came from the war on these 
lands. 

C. DANA SAYRS. 


Committee met at 8 a. m., February 9th, 1870, pursuant to 
adjournment. 

James S. Borby: who, being first duly sworn, deposeth. 
and saith: 

By A. Sanford: 



24 


1st Q. What is your name, age, residence and occupation? 

1st A. My name is James S. Dorby; age, 26; I live in 
Girard; occupation, under sheriff of Crawford county. 

2d Q. Who is the sheriff of Crawford county? 

2d A. Henry L. Cooffman. 

3d Q. Where is he ? 

3d A. At home, about fourteen miles from here; I heard 
that he is unable to ride. 

4th Q. Are you or not attending to the duties of sheriff 
of Crawford county at this time ? 

4th A. Yes, sir; I am. 

5th Q. Have you ever been resisted by any one in your 
county in the execution of civil process ? 

5th A. No, sir; I have not. 

6th Q. Ho you know of your own knowledge, or from 
others, of any resistance being made to any civil officer in 
the service of writs in your county, or any other forcible 
resistance on the part of the people of Crawford county to 
the execution of civil law at this or any previous time ? 

6th A. No, sir; I have not, nor do not. 

7th Q. Is there any necessity for the aid of the military 
in your county, to assist the civil officers in preserving the 
peace? 

7th A. No, sir; I don’t think there is. 

8th Q. State, if you know, whether there was ever any 
such necessity in the county. 

8th A. I don’t never know of any such necessity. 

By J. T. Burris: 

9th Q. How long have you resided in Crawford county? 

9th A. Since the 25th day of last March, 1869. 

10th Q. When did you become under sheriff of this 
county ? 

10th A. The 25th day of January, 1870. 

11th Q. Ho you know of any acts of violence by any of 
the people of Crawford county against the railroad company; 
or any of its engineers or employees ? 

11th A. No, sir; I don’t know of it. 


12th Q. Do you know of any threats being made by any 
of the people of Crawford county against the railroad com¬ 
pany, its engineers or employees? 

12th A. I don’t know just how you would construe that; 
I have not heard any one make any threats personally. 

13th Q. Are you a member of the organization known as 
Land Leaguers or Anti Joy Leaguers ? 

[Objected to by A. Sanford, for the reasons that the reso¬ 
lutions do not authorize such an inquiry. Burris, Le Due and 
Wright decided the question proper; Snead sustained the 
objection.] 

13th A. I am not a member. 

14th Q. Is there any such organization in this county as 
Land Leaguers or Anti-Joy Leaguers? 

14th A. I have heard there was. 

15th Q. Where were you at the time that J. A. J. Chap¬ 
man and other engineers and employees were driven from the 
line of the railroad ? 

15th A. Absent from home. 

16th Q. Do you know of laborers on the railroad having 
been driven from their work by citizens of Crawford or 
Cherokee county ? 

16th A. I don’t know of it personally. 

17th Q. Have you ever heard from citizens of Crawford 
or Cherokee county that they had driven engineers, laborers, 
or other employees of the railroad company, from the line of 
the road ? 

17th A. I have heard something of that kind; I never 
heard it from those concerned in it, that I know of. 

18th Q. Where is your home ? 

18th A. Girard, Crawford county, Kansas. 

By J. H. Snead: 

19th Q. During that time, have the courts of this county 
been open so that civil law could have been enforced ? 

19th A. Yes, sir; I think it could. 

20th Q. Since you have been under sheriff, have you ever 
been resisted by any person or persons in the execution of 
the law, and if so, by whom and under what circumstances ? 


26 


20th A. No, sir; I have not. 

21st Q. Have you ever been called upon to make any 
arrest of person or persons for injuring or mistreating the 
railroad company or any of its employees, and if so, when ? 

21st A. No, sir ; I have not. 

22d Q. As under sheriff of this county, do you now think 
there exists, or ever did exist, the necessity of a military force 
to aid you, or any civil officer, in the execution of the law ? 

22d A. No, sir. 

By E. H. LeDuc: 

23d Q. Who was the sheriff and under sheriff prior to 
your coming into office? 

23d A. James M. Ryan was high sheriff, and B. F. Stahl, 
under sheriff. 

By J. T. Burris: 

24th Q. Have troops been stationed in Crawford county 
during the whole time that you have served as under sheriff? 

24th A. Yes, sir. 

25th Q. As under sheriff of Craw T ford county, do you be¬ 
lieve that no acts of violence were perpetrated by any of the 
people of this county against the railroad company, or any of 
its engineers, laborers, cr other employees, prior to the arrival 
of troops here? 

25th A. I believe there was. 

By J. H. Snead: 

26th Q. Ho you know of any violence perpetrated by the 
citizens of this county against the railroad company or its 
employees prior to the troops coming here ? 

26th A. I don’t know of it peronally. 

JAMES. S. HORBY, 

Under Sheriff of Crawford County . 


Richard Amrine, being first duly sworn, deposeth and 
saith : 


By E. H. LeHuc: 



27 


let Q. What is your age, name, occupations and place of 
residence, and how long have lived where you now reside ? 

1st A. Richard Amrine; age, 31 years; hotel keeper, 
Girard, Crawford county, Kansas; have resided here about 
twenty months. 

2d Q. Did you ever hear any threats of violence towards 
any of the railroad employees, engineers or railroad company? 

2d A. I can’t say that I have directly heard any threats 
made. 

3d Q. Do you know anything about the burning of any 
railroad property in this county, or property to be used in the 
construction of a railroad ? 

3d A. Well, I did not see it; but I heard it from the 
parties who were along with them, and am acquainted with 
the parties owning a wagon which was burned at the 
time; a man, living close to where the wagon was burned, 
told me that he saw the parties a going to, and returning 
from where the wagon was burned, and he said he seen 
them when they parted with the engineers, they a going south 
and the engineers coming toward town. 

4th Q. What was the name, and where is the residence 
of the person who told you he saw the parties a going to and 
returning from the fire. 

4th A. A Mr. Yanphool, he lives about seven miles south¬ 
east of here. 

4th Q. Did you ever hear one C. Dana Sayrs say, that 
we have got it fixed so that they will not go on with the 
work, (meaning the railroad) ? 

4th A. I heard him say something to that effect; my 
understanding was then, that they had a law that would 
secure them 

5th Q. Do you know what law he had reference to ? 

5th A. No, sir; I do not, only that their rights were 
better than the railroad company's was. 

6th Q. Do you know what he meant by “have got it 
fixed ” ? 

6th A. He supposed that they would stop them working 
any more until their rights were proven ; he also spoke of 


28 


their having some man that would forbid them from work on 
ihis claim until they proved that they had a better right than 
he to it. 

7th Q. Did an}- one ever forbid their working on their 
claim ? 

7th A. Not that I know of. 

8th Q. In this conversation, did you understand that 
any means of violence would be used to prevent the work on 
the road? 

8th A. There was nothing said as to that; the way I 
understood it at that time was, the meaning he put to it was, 
that the man’s rejecting them would be sufficient without 
force. 

9th Q. If it did not prove sufficient, did you understand 
that in any case force would be used ? 

9th A. There was nothing said. 

J. H. Snead records an objection to using the word do you 
understand. 

Q. Did you ever see any one receive money for the 
property destroyed, as spoken of above ? 

A. Yes, sir; I saw Colonel Chapman pay one Mr. George 
for a wagon so burned. 

By J. H. Snead: 

Q. Who was it that told you about the burning of the 
wagon ? 

A. Mr. George, himself. 

Q. Did any of the party tell you that they had burned 
the wagon, and if so, who were they ? 

A. There was none of the party who had anything to do 
with the burning of the wagon, told me anything about it. 

Q. Do you know anything of the facts above stated, in 
regard to the burning of the wagon, of your own personal 
knowledge ? 

A. No, sir; only what I learned. 

RICHARD AMRINE. 


29 


D. W. Crouse, who, being first duly sworn according to 
law, deposeth and saith: 

By Amos Sanford: 

1st Q. What is your age, name, occupation, and where 
do you reside, and how long have you so resided? 

1st A. My age is 29 years; name, Daniel W. Crouse;; 
Attorney at law, being county attorney of this county; I lived 
in Crawfordsville nearly three years. 

2d Q. How long have you been county attorney ? 

2d A. Since the first of last January a year ago, January, 
1869. 

3d Q. How many cases of a criminal nature in the dis. 
trict court have you been called upon to prosecute up to the 
present time? 

3d A. There was only two terms held, and during the 
second term there was five cases. 

4th Q. Has there been any information or indictments 
filed in the district court against any of the citizens of Craw¬ 
ford county for any violence against the railroad company or 
its employees during that time? 

4th A. Ho, sir; but there was an attempt about being 
made to having the matter about burning the wagons, etc.,, 
an attempt to bring the matter up, but for some reason it was 
not done. 

5th Q. Was there any complaint made by any person 
to any justice of the peace of your county, charging any par¬ 
ticular person with burning the wagon you refer to ? 

5th A. To my knowledge, there was not. 

6th Q. Have you ever been called upon officially to pros¬ 
ecute any of that class of citizens in your county, called 
Leaguers, for violations of law, and if so, when, where, and 
what were the charges against them ? 

6th A. There was one case of burglary; it happened in 
the southwestern portion of the county; it was said that they 
were Leaguers, but I dont know; I have not, with the excep¬ 
tion of the case referred to. 


30 


7th Q. Bid you prosecute the case you referred to, and if 
so, who were the parties charged with burglary, and what 
was the result of the prosecution ? 

7th A. I did; the names of the defendants were Froag, 
and others, I think there was six or eight, but I can’t remem¬ 
ber just how many; they made no resistance to the civil 
-authorities; not being sufficiently identified, they were dis¬ 
charged by the justice. 

8th Q. Bo you know that they were Leaguers ? 

8th A. From personal knowledge, I do not. 

9th Q. Bo you know of any case in your county where 
the sheriff or other officers charged with the execution of the 
law have been compelled to call out a posse to aid them, or 
any of them, in the execution of civil process during your 
term of office? 

9th A. No. 

10th Q. Bo you know of the presence of United States 
troops in your county, and if so, whether they have ever been 
called upon to assist the sheriff or other officer to preserve the 
peace, protect persons and property, or to execute the man¬ 
dates of the law ? 

10th A. I do know of the presence of troops; I do not 
know of the sheriff ever calling upon them to assist in exe¬ 
cution of the law. 

11th Q. State, if you know, who it was in your county 
that made application to the Governor of Kansas for troops. 

11th A. I don’t know, sir, of my own knowledge. 

12th Q. Were you ever requested by any person to sign 
a petition to the Governor asking him to send troops on the 
Neutral Lands, and if so, who was it? 

12th A. No, I don’t recollect of it now; in reference 
to the matter, the sheriff and I were a talking over the mat¬ 
ter the day following the burning of the wagon on the 
railroad. 

By J. T. Burris: 

13th Q. Buring your residence in Crawford county, have 
you been United States marshal, sheriff, under sheriff, consta 
ble, or any other ministerial office ? 


31 


13th A. I have not, sir. 

14th Q. Do you know that the ministerial officers of this 
county have not been resisted in the service of civil or crim 
inal processes? 

14th A. No, sir. 

15th Q. What was the attempt made referred to by you, 
to prosecute persons in this county for burning a wagon, etc., 
on the railroad ? 

15th A. I told the sheriff that it was our duty to see 
that these men were arrested; if we had civil law, it ought 
to be enforced. At that time this excitement was at its 
height. The sheriff was of the opinion that it was doubtful 
if civil law could be enforced by the civil authorities; I told 
him that it was his duty to enforce a process; he stated that 
the minds of the people were so excited that he did not think 
that they would assist him in enforcing a process; I believe 
that the sheriff was honestly convinced of that fact in his 
own mind; I told him that he knew the minds of the people 
better than I, and if he was convinced of that being the fact, 
we would let the matter rest; my opinion was, at that time, 
during a short interval of excitement the civil law might have 
been resisted; but since that time, and prior to it, I think it 
might have been enforced; I have no doubt but it could have 
been. 

By J. H. Snead: 

16th Q. During the time of the excitement you speak of 
was there any complaint made, or warrant issued for the 
arrest of any person or persons for the burning of the 
wagon, etc. ? 

16th A. There was not, to my knowledge; the parties 
were not recognized, I inquired who they were, but could not 
find out who they were; I inquired of different men who 
belonged to the League, who stated that they were just as 
anxious to sustain order as any one; my opinion was that it 
was not done by order of the League, or received the sanction 
of it. 

17th Q. For what length of time did the state of excite¬ 
ment run so high that the civil law could not be enforced ? 

17th A. I may say that I did not state that it could not 


V? 


32 


be enforced at any time; but I duLsay, that it might not be 
enforced; said period of excitement may of continued for 
days or weeks, I don’t recollect how long the exact time wa3. 

18th Q. How long, after the excitement went down, were 
the troops brought in this county ? 

18th A. About a month. 

By J. T. Burris: 

19th Q. After the burning of the wagons, etc., were not 
railroad hands driven from their w'ork in Crawford county ? 

19th A. Not from my own observation. 

20th Q. Were not railroad ties burned in Cherokee 
county, between the times of the burning of the wagons etc., 
in Crawford county and the arrival of troops here? 

20th A. Not to my knowledge. 

21st Q. Were not the times, when railroad hands were 
reported to have been driven from the road in Crawford 
county, and when the ties were reported to have been burned 
in Cherokee county, between the time when the wagon, &c., 
was burned in Crawford county and the time when the troops 
arrived ? 

21st A. I answer that in the negative, except that the 
hands were reported to have been driven off of the road ; I 
think in Bourbon county, not in Crawford; yes, there was 
ties rumored to have been burned at that time. 

DAN. W. CROUSE, 

County Attorney 

Adjourned until one o’clock in the afternoon. 

Mr. Crouse re-called at own request to make the following 
statement: 

Where I stated in the foregoing evidence, where it was 
my opinion that the League did not authorize or sanction 
such conduct, such opinion was formed and based upon the 
conversation that I had with members of said League, though 
I may have formed a different opinion, judging from the acts 
of members of such League. 


33 


By A. Sanford: 

22d Q. Did you form any different opinion ? 

22d A. At times, I did. 

23d Q. At what time, and how many times, did you form 
such different opinions ? 

23d A. I cannot remember how many times, but did 
form such an opinion during the excitement. 

24th Q. What was that different opinion you referred 
to? 

24th A. My opinion that these outrages were either 
authorized or sanctioned by the League. 

25th Q. On what is that opinion based ? 

25th A. On rumor for one part, and seeing men armed, 
and they telling me so and so. 

26th Q. Who did you see armed, and what were they 
armed with ? 

26th A. Armed with revolvers; Mr. John Tieman, Mr. 
Myers, and quite a number of others, whose names I cannot 
call just at present. 

27th Q. Do you know that either of the parties, you 
mentioned, are Leaguers ? 

27th A. They are all of them said to be; they told me 
they were; they told me they were armed for self-defense. 

28th Q. Have you had any conversation with any person 
or persons, respecting your testimony before this committee, 
since the adjournment of the committee before dinner, and 
if so, who were they and what was the conversation ? 

28th A. I had with Mr. Bridgens; I told him that I 
would explain or qualify my testimony if the committee would 
allow me to, as regards my opinion expressed above in 
reference to sanction of the League, etc. 

29th Q. Is Mr. Bridgens a Leaguer or an anti-Leaguer ? 

29th A. I don’t know. 

D. W. CROUSE. 


Dr. H. D. Moore, who being first duly sworn according to 
3 



34 


law, dcposetli and saith : My name is H. D. Moore ; my age 
forty-seven; my residence. Monmouth, Crawford county, Kan¬ 
sas ; my occupation is that of a physician. 

By Mr. A. Sanford : 

1st Q. How long have you resided in Crawford county ? 

1st A. Since the organization of the county on the Neu¬ 
tral Lands, about four years. 

2d Q. Have you any knowledge of United States troops 
being stationed on the Neutral Lands, and if so, how long 
and what has been their action, and for what purpose have 
they been used since their arrival here ? 

2d A. I know that there are United States troops sta¬ 
tioned here; they came about the first of July; I have never 
known them to be in action; all I know' of their doing, is 
hauling rations and attending dances. 

3d Q. State w r hether or not there ever existed any neces¬ 
sity for the aid of the military arm of the government on the 
Cherokee Neutral Lands, and if so, whether or not that 
necessity still exists. 

3d A. I don’t believe there ever existed any necessity 
for the military arm of the government on the Neutral Lands 
since I have been here, and no necessity now. 

4th Q. Are you acquainted with J. M. Ryan, of your 
county, and if so, state w'hat office, if any, he has held w'ithin 
the last tv r o years ? 

4th A. I am acquainted with J. M. Ryan; he has been 
high sheriff of Crawford county for -the last tw'O years, until 
recently. 

5th Q. Did you ever see a certified copy of his certificate 
to the Governor, and did you, or not, have any conversation 
with sheriff Ryan with reference thereto, and if so, what 
w'as it ? 

5th A. I saw a certified copy of sheriff Ryan’s certificate 
to the Governor; I had a conversation with him about the 
certificate; I saw' the certificate presented to him ; he took it 
into his hand and read it; he remarked, when he had 
finished reading it, that he bad never made any such a cer- 


35 


tificate; ] remarked that if he had never made such a certifi¬ 
cate, he would have to make another that he never had made 
such a certificate; he remarked then that he had written a 
communication to the Governor, but that was not it; he then 
asked to see the communication again; he took it in his hand 
and read it a second time; he remarked that it contained a 
portion of the letter he had written to the Governor; I 
pointed out the Governor’s signature, and told him that that 
was certified to as a true copy by the Governor; he then went 
on to acknowledge all but one word, which he said he did 
not think was in his communication to the Governor. 

6th Q. Where was this conversation, and were there any 
other persons present; and if so, what statement did Ryan 
make to you, or others in your hearing, with reference to the 
truth or falsity of the statements contained in his letter or 
certificate to the Governor above referred to? 

6th A. It was in this town; W. W. Armsworthy and 
Henry T. Cooffman were present; there were some others 
present a part of the time; I don’t remember who they were; 
he stated in conversation to Mr. Cooffman that there never 
had been any writ placed in his hands but what he could 
serve, etc.; never had been resisted in serving a writ; Cooff¬ 
man asked him why he had written to the Governor to send 
troops here; he remarked that there was one that could not 
be served; Cooffman asked him what writ it was; he remarked 
that it was for some soldiers who had been cutting up here 
in town; I believe that that is about all the conversation I 
heard at that time. 

7th Q. Do you know whether or not the commander of 
the troops has been taking any part yi the controversy as 
to the title of the land, either personally or by writing, 
through the paper, and if so, what is the commander’s name ? 

7th A. I don’t know personally whether the commander 
of the troops took any part in the controversy or not; I saw 
a letter published in two or three different papers, requesting 
Governor Harvey to come on to the Neutral Lands and spend 
a few days among the settlers, and explain to them that they 
had no title to the land; this letter purported to have been 
written by General Hazen to Governor Harvey. 


36 


By J. T. Burris : 

8th Q. Was General Hazen at any time in the immediate 
command of the troops operating on the Neutral Lands, or 
was he a commander of a district embracing additional terri¬ 
tory and other forces ? 

8th A. I don’t know the extent of General Hazen’s 
command. 

9th Q. Do you know whether General Hazen ever wrote 
the letter concerning which you have testified ? 

9th A. I do not. 

10th Q. Do you know at what time J. A. J. Chapman, 
and other engineers and employees of the railroad company, 
were driven from the line of the road in this county ? 

10th A. I believe about the last of April. 

11th Q. Do you know who the parties were who drove 
Chapman, and his corps of engineers, from the line of the 
road ? 

11th A. I do not. 

12th Q. Do you know of laborers on the road being 
driven off? 

12th A. I don’t know. 

13th Q. Do you know of railroad ties being burned near 
the line of the road, in Crawford or Cherokee counties ? 

13th A. I do not. 

14th Q. Do you know whether the driving away of that 
corps of engineers or laborers on the road, was done with the 
sanction or approval of any portions of the citizens of Craw- 
ford county ? 

14th A. I know that there was a good many sanctioned 
it after it was done. 

15th Q. Do you know whether it was arranged before¬ 
hand, by any of the citizens of Crawford or Cherokee coun¬ 
ties, to drive away those engineers or laborers ? 

15th A. I do not. 

16th Q. Do you know whether the burning of ties in 
Cherokee county, was sanctioned or approved by any portion 
of the people of either of those counties ? 


37 


16th A. I do not. 

17th Q How do you conclude, when engineers were 
driven off by force, and laborers forcibly driven from their 
work, and railroad ties burned, that there was no necessity 
for military aid ? 

17th A. This is a time of peace, civil government fully 
organized, and it is my opinion that civil authorities should 
have tried to quell these disturbances, and if they had failed, 
then it would have been time enough to have called on the 
military authorities. 

18th Q. Have not you, together with other citizens of 
Crawford county, resolved to oppose the building of this 
road ? 

18th A. I have. 

19th Q. Have you not, together with other citizens of 
Crawford county, resolved against any person who might 
attempt to prove up and purchase his claim from Mr. Joy ? 

19th A. I have not. 

20th Q. Do you not know that immediately prior to the 
arrival of troops it was unsafe for any man known to be a 
railroad man to pass through these lands ? 

20th A. I do not. 

21st Q. Do you not know that at a public meeting in this 
county, Senator Voss, of Fort Scott, was assaulted and driven 
away ? 

21st A. I do not. 

22d Q. Do you not know that a party of armed men 
from Crawford and Cherokee counties, proceeded to Baxter 
Springs to intimidate those connected with the land depart¬ 
ment ? 

22d A. I do not. 

23d Q. Was the March upon Baxter Springs, reported 
to have been made, sanctioned or approved by any portion of 
the people of Crawford county ? 

23d A. It was approved by some of them after it was done. 

24 Q. Was the march on Baxter Springs arranged for in 
advance by any portion of the people of Crawford or Chero¬ 
kee counties ? 


38 


24th A. I do not know. 

25th Q. Did you not, yourself, go to Baxter Springs as 
captain of a company ? 

25th A. I did not. 

26th Q. Did you, in any other capacity, go with the com¬ 
mand which moved on Baxter Springs ? 

26th A. T did not. 

27th Q. Do } t ou know of any of the parties who did go 
in that command ? 

27th A. Only from hearsay. 

28th Q. Did you see any of the members of that com¬ 
mand start for Baxter Springs ? 

28th A. I saw some men start in that direction, about 
the time the raid was made. 

29th Q. From what particular point did you see these 
men start ? 

29th A. From Monmouth. 

30th Q. About how many men did you see start ? 

30th A. About seven. 

31st Q. Were those men armed? 

31st A. The most of them were; some were not. 

32d Q. Do you not know that prior to the arrival of 
troops here, the organization known as Land Leaguers had a 
military organization, with officers bearing military designa¬ 
tions, and kept a patrol of armed men? 

32d A. I know that the men in the country had an 
organization modeled after the military style; I don’t know 
that they kept out any armed patrols. 

33d Q. Who was in command of that military organi¬ 
zation ? 

33d A. I believe Colonel Yincent was in command at 
that time. 

34th Q. Who was the lieutenant colonel, and who major 
of the command? 

34th A. I do not know. 

35th Q. Who are the principal officers now—the colonel, 
lieutenant colonel and major? 


39 


35th A. There are several colonels now, as well as lieu¬ 
tenant colonels and majors; H. D. Moore is the commander- 
in-chief; Colonel Vincent, Colonel Langdon, Colonel Cooffman, 
are all I remember of now; Major Barton, Major Wormsley, 
and more of them, whose names I cannot call now. 

36th Q. Did not you yourself aid in arranging for the 
Baxter Springs expedition before referred to, and did you not 
start with the command and leave the command before it 
reached its destination ? 

36th A. I did not aid in arranging, neither did I start 
with the command. 

By J. H. Snead: 

37th Q. Do you know, of your own personal knowledge, 
this man Chapman and his engineers, as above stated, were 
ever driven off the road ? 

37th A. I do not, only from hearsay. 

38th Q. Has the command, as above referred to, of the 
citizens of Crawford county, had for their purpose and design 
to prevent the building of the railroad by any unlawful 
means ? 

[Objected to by J. T. Burris; objection overruled by 
committee.] 

38th A. The organization referred to, never was designed 
to prevent the building of the railroad at all; neither lawfully 
or unlawfully. 

39th Q. Do you know, of your own personal knowledge, 
within the last two years, of any ministerial officer in the 
county of Crawford, being resisted in the execution of law, 
by any of the citizens of said county ? 

39th A. I do not. : • 

40th Q. Have you been so situated that if such had been, 
the fact you would have known it ? 

40th A. I have had good opportunities, as I have been 
over the county considerable. 

By Amos Sanford: 

41st Q. Are the members of the organization you speak 
of, armed more than other citizens of the county ? 


40 


41th A. They are not, so far as I know. 

42d Q. What is the name of the organization to which 
you referred to? 

42 A. The Neutral Land Home Protecting Corps. 

43d Q. Is there any such organization on the Neutral 
Lands as the Land League ? 

43d A. There is no such organization. 

By J. T. Burris : 

44th Q. Was there ever such an organization on the 
Neutral Lands as the Land Leaguers, or Anti-Joy Leaguers? 

44th A. There was such an organization as the Land 
League; that was a public organization. 

45th Q. What was the object, purpose, or design of the 
expedition to Baxter Springs ? 

45th A. I dont know what the design was. 

By John R. Wright: 

46th Q. About how many men belong to the organization 
of which you are the commander ? 

46th A. I could make out a statistical report; but there 
are between fifteen hundred and two thousand. 

H. L. MOORE. 


Joseph Sheffield, who, being first duly sworn according 
to law, deposeth and saith : 

My name is Joseph Sheffield; my age is 53 years; resi¬ 
dence is in Crawford county, town of Lincoln, State of 
Kansas; my occupation is that of a farmer; I have resided 
in this county over three years. 

By J. T. Burris : 

1st Q. Ho you know of any acts of violence perpetrated 
by any portion of the people of Crawford or Cherokee coun¬ 
ties against the railroad company or its employees, before the 
arrival of troops in those counties? 

1st A. I do not, of my own knowledge. 



41 


2d Q. Do you know of any threats having been made 
by any portion of the people of those counties against the 
railroad company or any of its employees ? 

2d A. I do know of threats being made at their League 
meetings; they resolved to punish any man who would at¬ 
tempt to prove up on his claim before Joy or his agents, or 
in any way favored Joy. 

3d Q. What kind of punishment have you heard them 
threaten to inflict? 

3d A. To hang them as high as Haman, without the 
benefit of clergy. 

4th Q. How often have you heard such threats made by 
the Leaguers? 

4th A. Some two or three times. 

5th Q. How largely were those meetings attended ? 

5th A. There would be a large number—a house full— 
perhaps a hundred. 

6th Q. Were the resolutions passed by these meetings 
unanimously, or by a bare majority ? 

6th A. Pretty much all voted for it; they took no other 
vote. 

By J. H. Snead: 

7th Q. Are you a member of the League ? 

7th A. They had my name; they wrote it themselves; 
I withdrew from it. 

8th Q. How long was you a member of the League ? 

8th A. About three or four months from the time they 
put my name down. 

9th Q. Did you join the League with your own consent ? 

9th A. They wanted to put my name down; I told the 
president, Armsworthy, that he could. 

10th Q. Were the members sworn who joined the 
League? 

10th A. Well, not at that time, that I know of. 

11th Q. Were they at any time afterward ? 

11th A. I never saw anybody swear them. 

12th Q. Were the meetings held in public ? 


42 


12th. A. Yes, when I was among them. 

I3th Q. Did yon vote on those resolutions above stated ? 

13th A. No, sir. 

14th Q. Did any one else refuse to vote ? 

14th A. I don’t know of any. 

15th Q. Do you know of any of the settlers proving up 
Iheir claims with Joy or his agents? 

15th A. I do. 

16th Q. Who were they ? 

16th A. Mrs. H. S. Jackson, proved up; a man by the 
same of Shed, proved up; Ingersoll, and also a good many 
whom I cannot recollect. 

17th Q. Do you know of any attempt being made by any 
of the members of the League, to hang any of those parties 
who had proven up ? 

17th A. I know of their mobbing; but don’t know of 
their hanging any one. 

18th Q. Who have they mobbed ? 

18th A. They mobbed me. 

19th Q. Have you proved up ? 

19th A. No, but I hauled the lady spoken of before to 
prove up. 

20th Q. Who were the parties that mobbed you ? 

20th A. I knew some of them, and some I did not; I 
thought that Moulton, a constable, was one of them; a justice 
«f the peace, William Armsworthy, as it was at his house; 
there was a criminal prosecution pending against me in the 
Indian Territory; Mr. Armsworthy sent Moulton, the con¬ 
stable, after me and took me to his house on the night of the 
meeting of the League, when the house was surrounded; I 
was taken out by a party of men, (the justice of the peace, 
Armsworthy, opening the door,) and taken off to another 
house, owned by him, where I was stripped, tarred and feath¬ 
ered, and robbed of about $210. 

21st Q. Were you a member of the League at the time? 

21st A. I did not go among them at that time. 

22d Q. Did you take any steps to have those parties 
arrested ? 


43 


22d A. I have not, yet. 

23d Q. At that time were you an employee of the rail¬ 
road ? 

23d A. Not at that time. 

By J. T. Burris: 

24th Q. I)o you know of any other acts of violence being 
perpetrated upon yourself or any other parties, on account 
of your opposition to the League movement, or because you 
favored the railroad ? 

24th A. I do. In about one month from the time that 
I was mobbed I went away from home, a lot of these Lea¬ 
guers turned out and came down near my home, they then 
chose a committee to come to the house to notify me to leave 
the country next morning or they should come down at nine 
o’clock and drive me away ; I came home and learnt of them 
being there ; I then sent my son after sheriff Byan, also 
Squire Brown, and a man by the name of Moore, to assist 
me; they came there, the three men, next morning; this mob 
also came there; a large lot of men, 1 don’t know how many, 
forty or fifty, I should judge; Mr. Brown and Moore came 
there a little before the sheriff; they, the mob, sent out some 
men to tell the sheriff not to come to the house ; the sheriff 
did not come into the yard; they then went to voting such 
resolutions as they meant to put in force. The resolutions 
were that I should leave with my wife and little daughter, 
about twelve years old, and not stop under fifty miles; I 
hesitated some little about leaving; the present sheriff of this 
county told me that it was all that would save my neck; but 
I thought that I should not go, but my son thought that they 
would destroy all of his property, and mine, too, if I did not 
go, so I concluded I would go. They then said, if I would 
leave, and my wife, quietly, that the son might stay six 
months and take care of the crops, we had some of them in, 
not all, then he must leave, also. We then went to gathering 
up some of our goods; they just run and drew up my wagon to 
load them, they put some in the wagon ; I think they went 
to the stable and harnessed my team; they said they were 
bound not to leave until we left; so we went to Fort Scott. 


44 


They guarded us down to Arcadia, where there is a liquor 
shop. They abused me as we went; they then pitched 
at this man Moore for taking my part; they followed Mr. 
Moore toward his home. Mrs. Jackson’s house was burned, 
before they mobbed me, by the Leaguers ; we know a great 
many of them ; Wm. Armsworthy, a justice of the peace, A. 
J. Moulton, a constable, was there, and also two of the 
Strawns, a brother-in-law of them named Walter Cunning¬ 
ham, Thos. Moulton, the constable’s brother, and some other 
young men about the neighborhood; also Chester Ingersoll; 
John F. Davis, Daniel Doris, James Weaver and two young 
men by the name of Shed; there were about forty we thought. 
They first tore down Mr. Jackson’s house, and hit him with a 
club; I knew they hit him with a club, because he came 
to my house and I saw the mark on his head; went and 
found the club, and it had hair on it; we laid up the club and 
have it yet, and calculate to use it some way or other. 

25th Q. At what time were you and your family driven 
from your home by the mob of which you have spoken ? - 

25th A. Some time in April, 1869, 

26th Q. When did you return back to your place ? 

26th A. In about three or four weeks after I went away. 

By J. H. Snead : 

27th Q. Have you been disturbed by the citizens on the 
Neutral Lands since you returned ? 

27th A. Nothing more than threatened. 

28th Q. Who threatened you ? 

28th A. This constable Moulton, who I spoke of; he came 
across me, and the first thing he said was, you have got back 
again; he said he admired my spunk, but did not think much 
of my judgment; he said I must be off again; I told him he 
must not come on to my place again unless he had papers to 
serve. 

29th Q. What was the disturbance between Jackson and 
the Land Leaguers ? 

29th A. They were mad about the claim. 

30th Q. Is Jackson’s wife your daughter ? 

30th A. No, sir, he is my brother-in-law. 


45 


31st Q. How long had Jackson been on this claim at the 
time of the disturbance, and did any one else claim to own it? 

32d A. These Strawns said they had bought the claim; 
Mr. Jackson had just got into the house when they tore it 
down. 

33d Q. Had Strawn done anything on the claim ? 

33d A. Ho, sir, I don’t think he had. 

34th Q. Had any one put any improvements on it? 

34th A. Yes, there were some improvements on it; the 
improvements were put on by a man by the name of Mesker 
and Hiram Stuffobein. 

35th Q. Did your son, or any one else, buy the improve¬ 
ments ? 

Mrs. Jackson bought the improvements of Mesker, and 
Mesker of Stuffobein. 

Does Mrs. Jackson do the business for Mr. Jackson? 

35th A. She paid it out of her own money or property. 

36th Q. Who lives on that claim now ? 

36th A. Nobody; Mrs. Jackson has contracted for it; she 
would live on it if the Leaguers were not so bad. 

37th Q. How long did she live on the claim before eh« 
proved up on it ? 

37th A. She did not live on it, her husband went ov*r 
on it and they drove him off, and that is the time they hit 
him with the club. 

38th Q. Do you know whether the troops were sent here 
to protect the citizens or the railroad company and its em¬ 
ployees ? 

[Objected to by J. T. Burris and E. H. Le Due.] 

38th A. I think they were sent to protect the citizens. 

39th Q. What makes you think it ? 

39th A. Because there was a petition sent to the Gov¬ 
ernor, from the citizens. 

40th Q. Do you recognize any one in this room, who was 
in the League, when the resolutions were passed in favor of 
hanging every settler, who proved up his claim, higher than 
Haman, without the benefit of clergy ? 


46 


40th A. I don’t know as I do. 

41st Q. Did any of the citizens living in the town vote 
on the resolutions ? 

41st A. I don’t know that I see any here who were at 
the League meeting. 

By Mr. Sanford: 

42d Q. About how many men, at the May term of the 
district court, 1869, swore on the witness stand, that they 
would not believe you under oath? 

42d A. Well, there were some eight or ten of them; 
Leaguers, every one Leaguers. 

JOSEPH SHEFFIELD. 


4 

W. Rose, who being first duly sworn according to law, 
deposeth and saith: 

My name is W.. Rose; my age is thirty-seven years; my 
residence is Fort Scott, Kansas; my occupation is that of a 
railroad employee. 

By J. T. Burris : 

1st Q. Do you know of any acts of violence, perpetrated 
by any of the citizens of Crawford and Cherokee counties, 
against the railroad company, or any of its employees or 
contractors, prior to the arrival of the troops in these coun¬ 
ties ? 

1st A. I do know of a number of ties being burned in 
Cherokee county, near Baxter Springs, between the first and 
fifteenth of May, 1869. 

2d Q. Did you ever hear any threats made by any of the 
citizens of Crawford and Cherokee counties, against the rail¬ 
road company, its employees, or property ? 

2d A. I did hear one man named Smith, he lives about 
fifteen miles north of Baxter Springs, at Wirtonia, say that 
we have cleaned’out the surveyors, and if they ever came 
back again, we will hang the first one we find, and if Mr. 
Joy interferes or persists to hold this land, we will assassinate 
him, if we have to go to Detroit, if I have to go there my- 



47 


self, it shall be done ; I then took the man out to the end of 
the house; I asked if he did not think that a man could come 
down and do a contract on that road, and not be molested if 
he minds his own business ; he said no; the first man that 
comes down to work on the road, would be killed, for they 
had a League, two thousand strong. 

3d Q. Have you at any time heard any other threats of 
violence made by the citizens of the Cherokee Neutral Lands 
against the railroad company, its engineers, contractors, 
laborers, or other employees, if so, when, where, and by 
whom ? 

3d A. I have, but cannot name anyone but Mr. Sanford:; 
on the night before the fall election of ’69, Mr. Sanford was 
getting off a pretty heavy speech at Columbus, in the hotel; 
he said before the railroad should cross his claim, he would 
fight there until he would die on it. 

5th Q. Did you ever hear Mr. Smith, or any other man, 
on the Neutral Lands, threaten to take to the bush or brush 
in any event? 

5th A. Yes, sir, the same Smith, before mentioned, said 
if there were troops sent here to protect Joy in his land 
against citizens, he would take the brush and fight them. 

By Amos Sanford: 

6th Q. Did you ever hear any of the railroad men or citi¬ 
zens of Fort Scott threaten to come down on the Neutral 
Land and drive the settlers from their homes, if the settlers 
did not stop opposing Mr. Joy. 

[J. T. Burris objects; objection overruled by committee.] 

6th A. No, sir. 

7th Q. What Sanford do you refer to when you say Mr. 
Sanford ? 

7th A. Chairman of this committee. 

8th Q. Do you give the exact words used at the time ? 

8th A. I think I do, but not all the words used at that 
time. 

9th Q. Were there no conditions mentioned other thast 
those heretofore mentioned ? 


48 


9th A. I did not hear any other conditions put in. 

10th Q. Who else was present at the the time and place 
referred to ? 

10th A. Mr. Laughlin, and others, whom I cannot name. 

11th Q. Are you an employee of the railroad company ? 

11th A. No, sir. 

13th Q. Do you, or not, know that the railroad hands 
and liquor sellers, of Columbus, or a portion of them, threat¬ 
ened to clean Sanford out, and notify him to leave the county, 
and also to tear down and destroy the Workingman’s Journal 
office? 

13th A. No, sir. 

14th Q. Did you ever threaten to tear down the office ? 

14th A. I never did; it was a good place to go and get 
a newspaper to read. 

15th Q. At whose instance or request did you come from 
Fort Scott to Girard to testify before this committee ? 

15th A. I did not come from Fort Scott to testify before 
this committee; I was here before on the line of the road, 
attending to my business, before the committee came. 

16th Q. Were you summoned to appear before this 
committee, and if not, at whose request or suggestion did 
you appear ? 

16th A. I was not summoned; Mr. Snead, and I think, 
Mr. Wright and Dr. LeDuc, mentioned that they would take 
my evidence, if I was here. 

By J. H. Snead: 

17th Q. Do you know, of your own personal knowledge, 
who burned the ties that you have just spoken of, in the 
timber ? 

17th A. I do not. 

18th Q. Do you know that the citizens of the Neutral 
Lands have ever perpetrated or committed any outrage upon 
the railroad company or its employees, and if so, when, 
where, and by whom ? 

18th A. I have reason to believe I do, as I had orders 
from D. L. Wells & Co. to try and find out how many tools, 


49 


tents and blankets had been burnt, belonging to sub-contract¬ 
ors, by the citizens of Crawford county, and settle with the 
sub-contractors for them; I made a great many inquiries, and 
satisfied myself as near as possible, and then ordered them 
paid for. 

19th Q. How did you satisfy yourself that the citizens 
of the Neutral Lands burned these articles you mentioned ? 

19th A. By inquiring from laborers and contractors, and 
they pointing out where different men lived that helped burn 
them; the only names I can give you who were pointed out 
to me are a Mr. Jones and sons. 

20th Q. Do you know anything of the facts, except what 
has been told you ? 

20th A. No, sir. 

21st Q. Why did you not have this Mr. Jones and sons 
arrested ? 

21st A . Wells &Co., do not employ me to commence law 
suits. 

22d Q. Was it not your duty, as a good citizen, to make 
a complaint, your knowing the facts ? 

22d A. T think it was. 

23d Q. Have you, as an employee on the road, or any of 
your men, been disturbed or interfered with by any of the cit¬ 
izens on the Neutral Lands, and if so, by whom and when? 

23d A. Not since the fifteenth of September, 1869, to my 
knowledge. 

24th Q. Have you ever been interfered with,Jyou or your 
men on this road ? 

24th A. No. 

25th Q. Do you know of any of the citizens on the Neu¬ 
tral Lands, at any time, resisting any ministerial officer in 
the discharge of his duty? 

25th A. No, sir. 

26th Q. How long have you been engaged as a railroad 
contractor or builder ? 

26th A. Seven years. 

27th Q. Are you a settler on the Neutral Lands? 

27th A. No, sir; nor have no claim of any land. 

4 


50 


28th Q. Have you any sympathy with the people on the 
Neutral Lands, known as the Neutral Land Home Protecting 
Corps? 

28th A. If there is such a corps I sympathize with them. 

29th Q. Why do you sympathize with them? 

29th A. I did not know that it had got so desperate on 
the Neutral Lands that the people were required to form such 
a corps. 

30th Q. Have you no other reason than that given for 
your sympathy. 

30th A. I have no other reason. 

31st Q. I)o you know about how many men are employed 
in building and grading this road, if so, how many, since last 
June on an average ? 

31st A. About two hundred and fifty on an average. 

32d Q. Were all, or any, of these men armed, if so, how 
many? 

32d A. They were not all armed, I don’t think I ever 
saw but one laborer armed and he was drunk. 

W. HOSE. 


James Hull, who being first duly sworn according to law, 
deposeth and saith : 

My name is James Hull; my age is 45 years; my residence 
is Girard, Kansas ; my occupation is house builder. 

1st Q. How long have you resided in Girard ? 

1st A. About fifteen months. 

2d Q. Do you know of any violence being used by any 
portion of the people of this county against the railroad 
company, its engineers, laborers, contractors, or other em¬ 
ployees, prior to the arrival of troops here ? 

2d A. No. 

3d Q. Do you know of any threats of violence being 
made by any of the citizens of Crawford county, against the 
railroad company, its contractors, engineers, laborers, or other 
employees, prior to the arrival of troops here ? 



51 


3d A. I don’t know that I remember anything now, that 
would be strictly termed a threat of violence. 

[Mr. Sanford objects to this kind of evidence, and any 
further testimony referring to the railroad, because it is divert¬ 
ing the attention of the Committee from the legitimate objects 
of the resolution raising the Committee, a useless waste of 
time and leads to a never ending investigation. lie makes 
these objections to apply to all future investigations of this 
kind not contemplated in the resolutions. 

It is the opinion of the following members of this Com¬ 
mittee, that such questions are legitimate and proper, J. It. 
Wright, E. H. LeDuc, J. T. Burris and J. II. Snead.] 

3d A. Declarations, looking towards violence, have 
been principally in the shape of resolutions and public 
speeches. I was present in the early part of last spring at a 
League meeting, held in this town, in which resolutions were 
presented and adopted, that the resolvers would not permit 
James F. Joy to build a railroad through these lands until he 
agreed to let the settlers have the lands at one dollar and 
twenty-five cents per acre. At another League meeting, held 
a week or two later, resolutions were adopted, that they 
would not permit James F. Joy to build a railroad through 
here unless he surrendered all claim to these lands. 

4th Q. Do you know about how many members there 
were attending the first meeting of the Leaguers already 
referred to ? 

4th A. I think from fifty to seventy-five at each meeting. 

5th Q. Were those resolutions to which you have referred 
passed unanimously, or by a bare majority? 

5th A. All who voted voted in the affirmative—none in 
the negative; some did not vote at all. 

6th Q. Have you in your possession, or can you procure 
for the Committee, copies of those resolutions ? 

6th A. I have not in my possession, and suppose I could 
not procure them. 

7th Q. Did those resolutions, or either of them, or the 
speeches made in favor of the adoption of them, or either of 
them, indicate the means by which Mr. Joy or the railroad 


52 


company would be prevented from the building of the rail¬ 
road until the wishes of the members of those meetings 
should be complied with ? 

7th A. Some of the speeches—I don’t know but all— 
stated that the use of physical force to prevent, would not be 
unlawful. 

8th Q. Have you over attended, in Crawford or Cherokee 
counties, any other public meetings in which this railroad 
question was considered or discussed ? 

8th A. Yes; I attended one which I now recollect of, 
which was most prominent, soon after Mr. Laughlin’s return 
from Washington, some time last spring, which Mr. Laugh- 
lin and others addressed. 

9th Q. Who besides Mr. Laughlin addressed that meet- 
ing? 

9th A. Mr. Markham and three or four others, including 
Mr. Parker of this place; I will not be certain about Mr. 
Parker addressing the meeting, but Mr. Vincent did. 

10th Q. How largely was that meeting attended ? 

10th A. I judge from one hundred and fifty to two 
hundred. 

11th Q. Were there any resolutions passed by that meet¬ 
ing ? 

11th A. Yes. 

12th Q. Have you a copy of those resolutions, or could 
yon procure a copy for the use of this Committee ? 

12th A. Ho, I have not them, nor no means of procuring 
them. 

13th Q. State what was the substance of those resolu¬ 
tions, and of the speeches made in favor of their adoption. 

13th A. The resolutions I quite disremember, but they 
were not quite so pointed as the ones that I have already 
referred to. The speech of Mr. Laughlin was mostly argu¬ 
mentative, giving a history of the Neutral Lands, and 
supreme court decisions relating to Indian lands, treaties, etc., 
near the close alluding to what course the people should 
pursue here; I thought he not openly, but covertly, advised 
them to prevent by force building the road; in conversation 


with Mr. Laughlin, immediately after, he asked my opinion 
of the speech; I spoke favorably of the first part of it, bat 
said if I did not mistake his meaning, he intended to be 
understood by them that violence should be used to prevent 
the road from being built; lie replied that was what he did 
intend. 

14th Q. Do you know whether Mr. Laughlin is now’ the 
paid agent and representative at Washington City, District of 
Columbia, of the Land Leaguers on the Cherokee Neutral 
Lands ? 

14th A. Only by common report. 

15th Q. Had you ever attended any other public meet¬ 
ings on the Cherokee Neutral Lands besides the three of 
which you have already spoken ? 

15th A. Yes; we railroad men called a meeting last 
summer, but the anti-railroaders turned out in force and 
organized the meeting and run it; it was in June or July. 

16th Q. Who w T ere the officers of that meeting? 

16th A. I don’t recollect; Mr. Langdon called the meet¬ 
ing to order, and nominated the chairman, Mr. Keys. 

17th Q. Were there any resolutions passed by that 
meeting ? 

17th A. Yes. 

18th Q. Have you a copy of those resolutions, or can 
you procure a copy for the use of the Committee ? 

18th A. I have no copy, and suppose I could not procure 
that. 

19th Q. What was the substance of the resolutions 
passed at that meeting, and of the speeches made in favor of 
the adoption of the resolutions ? 

19th A. The resolutions were anti-railroad ; some of the 
speeches characterized the railroad, or the favors to railroads, 
as being a sugar covering to the pill to the Joy purchase; 
that it meant one and the same thing, and advised the people 
not to allow the road to be built. 

20th Q. Was that meeting held before or after the arrival 
of troops on the Neutral Lands? 

20th A. Before. 


54 


21st Q. Who were the speakers who addressed that 
meeting? 

21st A. I think Mr. Parker, of our town, was one, and I 
think Mr. Keys, the chairman of that meeting, was another. 

22d Q. Did you attend any meetings on the Cherokee 
Neutral Lands, in the spring or summer of 1869, which were 
addressed by the Hons. Sidney Clarke, George H. Hoyt and 
John Speer ?• 

22d A. Only the Jacksonville meeting. 

23d Q. How largely was that meeting attended ? 

23d A. It was a large meeting ; probably a thousand and 
perhaps more. 

24th Q. Who were the officers of that meeting ? 

24th A. The chairman was C. C. McDonnell, and a long 
list of vice presidents and secretaries ; Mr. Sayrs was one of 
them. 

25th Q. At what time was that meeting held ? 

25th A. I think that it was in August. 

26th Q. Was that meeting held before or after the arrival 
of troops on the Neutral Lands ? 

26th A. After. 

27th Q. Who were the speakers who addressed that 
meeting ? 

27th A. Mr. Clarke and Mr. Speer, and a judge or doctor 
from the Neosho Valley. 

28th Q. Were there any resolutions passed by that 
meeting ? 

28th A. I think there was none the day I was there ; it 
lasted two days. 

29th Q. What was the advice given by the speakers at 
that meeting, to the settlers on the Neutral Lands ? 

29th A. I don’t know that there "was any given ? 

30th Q, Did you at any time during the spring or sum¬ 
mer of 1869 attend any other public meeting on the Cherokee 
Neutral Lands, than those of which you have already spoken ? 

30th A. We had one or two railroad meetings; the same 
day that we were ousted we had a small meeting. 


By Mr. Sanford. 

3l8t Q. State whether or not you are the agent of Mr. 
Joy or the railroad company for the sale of lots in the town 
of Girard. 

31st A. Yes. 

32d Q. Do you know of any resistance to the execution 
of the civil law, or any obstructions to the courts of justice 
ever having been offered by the citizens of this county or any 
portion thereof? 

32d A. I have seen none. 

33d Q. Has there ever been any necessity for troops to 
aid the civil officers in the execution of the law in this county, 
and if so, whether or not that necessity still exists ? 

33d A. I think there has been a necessity for them here¬ 
tofore ; as to It sliil existing, I am in doubt about it, I have 
seen nothing in the past four or five months that would look 
like any necessity for them; I will say, further, that the 
balance of my opinion is that if the trooj:>s were removed 
that there would be no violence but what the civil authorities 
could suppress. 

34th Q. What office do you hold in the town of Girard ? 

34th A. I am chairman of the board of trustees. 

35th Q. What is the sentiment of the people of Girard 
upon the land question; are they Joy or anti-Joy ? 

35th A. I should say about three-fourths were Joy men. 

36th Q. Did you ever sign a petition to the Governor 
asking for troops, and if so, state who circulated that petition, 
and about how many signers were obtained, and wffiere the 
signers, or a majority of them, reside ? 

36th A. I signed the petition; it was circulated by Mr. 
Annible, of the land department,- at Fort Scott ; a majority of 
the signers lived in this place, and vicinity, numbering some 
fifteen or eighteen. 

37th Q. Was there any inducement held out by Mr. 
Annible to you or any of the citizens of Girard to obtain 
signatures to the petition, and if so, what was it ? 

37th A. Not to me; nor others, that I know of. 


56 


38th Q. Why did Mr. Annible circulate the petition, and 
what reason did he give for so doing ? 

[Objections being made by Colonel Burris, it was over¬ 
ruled.] 

38th A. I, of course, don’t know what caused him to do 
it; I think he stated that Governor Harvey wished to know 
the condition of things, and wished to know it from citizens, 
and wished to know from the citizens here whether the con¬ 
dition of things were such as to require the assistance of 
troops. 

39th Q. Hid you ever tell any person that the railroad 
company had the advantage of the people of Girard, and if 
the citizens refused to sign a petition the company would not 
run the road through the town, or words to that effect ? 

[Objected to b} r Colonel Burris; objection over-ruled.] 

39th A. I never stated such a thing as a fact, I might, as 
an opinion. 

40th Q. Ho you know who it was that procured from 
sheriff Ryan a certificate or application to the Governor for 
troops ? 

40th A. No ; I don’t know. 

41st Q. Hid you have any conversation with Annible 
and sheriff Ryan, or either of them, in regard to it; and, if 
so, what was said by either, or both of them ? 

41st A. I think I never had any with Mr. Annible on 
the subject, to the best of my recollection ; I have with sheriff* 
Ryan; he stated that he had signed an application for troops. 

42d Q. At whose instance or request ? 

42d A. My impression is that it was Mr. Annible’s. 

43d Q. State whether or not Mr. Annible is employed 
in what is known as Joy’s Land Office. 

43d A. He is. 

By J. H. Snead: 

44th Q. At the public meetings that you have referred 
to before in your testimony, were the people advised, at any 
or all of them, to resist the civil authorities in the enforce¬ 
ment of the civil laws ? 

44th A. The subject was never alluded to. 

JAMES HULL. 


57 


James F. St. Clair, who, being first duly sworn according 
to law, deposeth and saith: 

My name is James F. St. Clair; my residence is Girard, 
Kansas; my age, 37 years; my residence has been in this 
county about two and a half years; my occupation is a 
blacksmith. 

By J. T. Burris : 

1st Q. Do you know of any acts of violence having been 
perpetrated by any portion of the people on the Cherokee 
Neutral Lands against the railroad company, its employees 
or friends? 

1st A. I have no personal knowledge of the fact. 

2d Q. Were you ever a member of an organization in 
this county which is usually called the Land League? 

2d A. I enrolled my name with others in a township 
organization about the time that the organization was first 
formed, which was in 1868, at Crawfordsville, in this county. 

3d Q How long did you continue to be a member of 
that organization? 

3d A. But a short time—till a meeting w r as called for the 
formation of a county league, during tho proceedings of which 
I withdrew my name from the roll; I withdrew for the reason 
that the character of certain speeches which were made and 
resolutions offered, some of which were adopted, indicating, 
if not declaring positively, that force or violence would be 
used in the event that Mr. Joy should obtain a title to this 
land, provided other measures were not effective. 

4th Q. Do you know of any other threats having been 
made by any portion of the people on the Neutral Lands, 
against the railroad company, its contractors, employees or 
friends ? 

4th A. I do; I heard Mr. Clark, of Lincoln township, 
who was sent as a delegate to Topeka to bring suit in the 
supreme court for the settlers—I heard him say, but a few 
days before he started to Topeka, that before Friday night, a 
force of three hundred of the League would lay Girard in 
ashes and demolish Crawfordsville, for the reason that Girard 
had taken grounds in favor of the railroad, and Crawfords- 


58 


ville, for the reason that W. W. Jones, president of the county 
league, and Colonel T. Daniels, secretary of the executive 
committee, have used their influence against the passage or 
adoption by the County League, of certain resolutions which 
had been adopted by the Lincoln township league, called as 
he said himself, the hanging resolutions, and that Jones and 
Daniels were in danger of being “ cleaned out,” and all others 
who opposed the league. 

5th Q. When were these threats made ? 

5th A. During the fall or winter of 1868. 

6th Q. Have you ever heard any other threats made by 
any portion of the people on the Neutral Lands, and if so, 
when, where, by whom and how often ? 

6th A. During the winter of 1868 two men came to 
Crawford svi lie, who said that they were from or near Mon¬ 
mouth, and that morning a party of men had returned from 
Baxter Springs, that, “we went down the night before and 
demolished the land office of Mr. Joy, and that the thing 
will not stop there, but we intend to drive out or hang"all 
those who oppose the League, and some of you fellows up 
here at v Crawfordsville, are in danger; we know three or four 
of you wdio ought to be hanged with one of those whip 
lashes,” pointing to one in the store ; I heard Mr. Keys, 
who was at the time, or afterwards, engaged in the organiza¬ 
tion of what is known as the Secret League, say that he was 
not in the mob which occurred on the railroad, but he, with a 
great many others, would be in the next one that occurred; I 
am positive of this, for I wrote it down in a day-book at the 
time; this was in the early part of last spring; Mr. Corgill, 
presented resolutions in the streets of Crawfordsville to a 
meeting there assembled, in substance as follows: that men 
would not be allowed to talk in favor of Mr. Joy’s possession 
of these lands; that their voice would be hushed at all hazards ; 
there were but four what were called Joy men, the resolutions 
were not adopted, although one-third voted for them ; threats 
of that character were common. 

7th Q. Did you attend any of the meetings held on the 
Neutral Lands in 1869, which were addrensed by Hon. Sid¬ 
ney Clarke, George H. Hoyt, and John Speer? 


59 


7th A. I did not. 

By A. Sanford: 

8th Q. Where do you carry on }’our trade? 

8th A. I am not carrying it on now. 

9th Q. What business are you engaged in at the present? 

9th A. Keeping a boarding house. 

10th Q. Are you now or have you been administer of the 
gospel ? 

.10 A. About such a one as there is on the Neutral Lands. 

[Mr. Sandford asked for a more definite answer. The 
witness refused to give it, for the reason thaLhe did not con¬ 
sider this Committee had a right to inquire into his private 
character. Mr. Snead enters his objections to taking a part 
of the explanation of his answer and not all the explanations.] 

11 tli Q. Have you been acting as an attorney and coun¬ 
selor at law since your residence in this county? 

11th A. I have not. I argued one case before the dis¬ 
trict court in this county. 

12th Q. Have you not at different times appeared as 
counsel and argued cases before a justice’s court ? 

12th A. Not more than once; I recollect jiow of having 
once appeared before the justice as such. 

13th Q. I)o you know of any resistance of the execution 
of the civil law in this county? 

13th A. I do not. 

14th Q. Was there any necessity of the'sending of troops 
upon the Neutral Lands to aid the civil officers in the execu¬ 
tion or service of process? 

14th A. I think there was. 

[Mr. Sanford insists on the witness answering yes or no, or 
1 don’t know, or in some other definite form responsive to 
the interrogations. The Committee refused to make the wit¬ 
ness answer in a more definite form.] 

15th Q. Why do you think so? 

15th A. I think so, from the first place, that men were 
intimidated from making complaint against the guilty party 
by threats. 

16th Q. Who was intimidated, and who made the threats 


60 


you refer to? What were the threats, and when and where 
did it occur? 

16th A. I have heard a number of men in our vicinity, 
say that in consequence of a hostile feeling and demonstration 
of the League, they would be afraid to make complaint against 
any Leaguer. I heard three or four men from Lincoln town¬ 
ship, whose names I do not remember, if I knew them at the 
time, agree and say, that a man had better be in hell than to 
complain against any of them, meaning their party. This 
was in Crawfordsville. I heard Mr. Craig say that any per¬ 
son who would make a complaint against those men who 
destroyed the railroad property, would be in danger, it being 
the purpose of the League to which he belonged to protect 
each other in their operations against Mr. Joy; I have heard 
a number of others make similar remarks during the years of 
1868, and 1869; T do not recollect the time or places. 

17th Q. Can you not answer the last question more defi¬ 
nitely ? 

17th A. I don’t know that I can. 

18th Q. Are you a justice of the peace, and if so, in what 
township, and where do you hold your office ? 

18th A. I am; Crawford township ; have held my office 
since I have been in Girard part of the time with Mr. Fletcher 
and Parker, and in this room until they commenced repairing 
room; with Mr. Parker, the county clerk. 

19th Q. Is there, at this time, or has there been, since 
you have been a justice of the peace, to your knowledge, any 
person within the county who is, or was, prevented by threats 
and intimidation from making complaint before you against 
any other person or persons ? 

19th A. In regard to that I only know what I have 
stated before; at this time I dont know of any person pre¬ 
vented by intimidation nor do I believe there is; I don’t 
know as there has been any intimidations from bringing 
cases before me. 

20th Q. Do you know any citizen of the county who 
has heretofore been prevented by threats or intimidations 
from making complaint before you or any other justice of the 
peace of the county, and if so, who was it ? 


61 


20th A. I only know what they have said. 

[Sanford insists on a direct answer to the question; the 
Committee refuse to compel the witness to answer the ques¬ 
tion, yes or no.] 

22d Q. Who -was it said that he was prevented from 
making a complaint before any justice of the peace, by threats 
or intimidation? 

22d A. I never heard any person say so. 

23d Q. State whether or not you are what is^known here 
as a Joy man. 

23d A. They call me a Joy man, but I am not. 

24th Q. Are you a settler’s man? 

24th A. I don’t belong to any of them, that I know of. 

25 th Q. Haven’t you taken an active part in support of 
the railroad party, and against the settlers of this county? 

25th A. Xo, sir, I never have; I have never been against 
the settlers of this ^county. 

26th Q. Haven’t you threatened publicly, in the town of 
Crawfordsville, that you would rip the guts out of some of 
the Leaguers? 

26th A. I never threatened it; I have said at various 
times, when I have heard reports of threatened violence 
against me, that if any of them undertook to hang me, as was 
threatened as I understood, that I could and would cut the 
guts out of any man before he got a rope around my neck. 

27th Q. Who did you understand had threatened to put 
a rope around your neck ? 

27th A. I understood that Squire Corson, of Sheridan 
township, said that if I did not keep quiet, the Leaguers 
would hang me; I was informed by Kobert Stalker, a Meth¬ 
odist minister of Corson’s neighborhood, that they would 
hang or drive me off, and that others in Crawfordsville were 
in the same danger. 

28th Q. Were you not informed, in the town of Crawfords¬ 
ville, by members of the League, that your information in 
regard to these threats w*as false, and had no foundation in 
fact ? 


62 


28th A. No, sir; not in regard to that time, nor coming 
from that source; League men from Lincoln township did 
inform me at one time that I was in no danger from the 
Leaguers of that township; I also received the same informa¬ 
tion from Judge Barton, of Sherman^township, that I was in 
danger from other quarters of the county. 

29th Q. Did not the same men from Lincoln township 
tell you at that time that you were in no danger of violence 
at the hands of the Leaguers of this county ; that they con¬ 
sidered you beneath their notice, and'that you were only 
blowing around for effect ? 

29th A. I do not remember what was said, it was a 
difficulty instigated by Mr. Amos Sanford, where there were 
some ten or fifteen opposing me in an argument ? 

[John B. Wright protests against all such proceedings, as 
he thinks that the Committee was not sent here to inquire 
into little petty quarrels of the neighborhood, unless they 
assumed that public character to endanger lives, limbs or 
property.] 

By J. H. Snead: 

30th Q. Since you have lived upon the Neutral Lands 
have the courts been open, that the civil law could have been 
in force ? 

30th A. So far as the courts have been concerned, civil 
law could have been enforced; the courts have been open. 

31st Q. Do you know, of your own personal knowledge, 
of any ministerial officer of the courts on the Neutral Lands 
being resisted by the settlers on the Neutral Lands in the 
execution of the law ? 

31st A. I do not. 

JAMES F. ST. CLAIB. 


E. E. Parker, who being first duly sworn according to 
law, testifies as follows: My age, twenty-nine; residence, 
Crawford county, Kansas; occupation, lawyer. 



63 


By A. Sanford : 

1st Q. What county office do you hold, and when were 
you elected? 

1st A. County clerk; November 2d, 1860. 

2d Q. What were the issues upon which you were 
elected ? 

2d A. I was elected upon the anti-Joy ticket; the issues 
were, defending the right of settlers against corporations or 
any assumed titles to the lands; my majority was about four 
or five hundred. 

3d Q. Was there any necessity for the stationing United 
States troops, or other military force, upon the Neutral Lands 
during the year of I860, and if so, does that necessity still 
exist? 

3d A. I do not think that there was any necessity, nor 
is there now. 

4th Q. Do you know, from any official source other than 
the Governor’s message, for what purpose the troops were 
sent here for? 

4th A. I do not. 

5th Q. What reason was generally assigned by that 
class of citizens who favored the sending the troops here for 
that necessity ? 

5th A. They were sent to assist the civil authorities. 

6th Q. Were the civil authorities of your county pre¬ 
vented from performing their duties by any of the people on 
the Neutral Lands? 

6th A. I think not; I never heard of a resistance to any 
officer. 

7th Q. Have you ever heard any of the civil officers of 
your county express their ability to carry out and execute 
the law and perform the duties devolving upon them as offi¬ 
cers, and if so, when, and who was it? 

7th A. Some time in June, 1869, a conversation occurred 
between Mr. Ryan, the former sheriff of this county, and my¬ 
self, in regard to a certain petition that had been sent to the 
Governor for troops; in that conversation Mr. Ryan claimed 
to have been slandered by being accused of having signed 


64 


said petition for troops, and declared that he was able, and 
had been so during his term of office, to serve any process 
that had been placed in his hands. 

8th Q. Was this before or after the troops arrived ? 

8th A. It was before they arrived ; it was after the peti¬ 
tion for troops had been forwarded to Topeka. 

9th Q. Is the presence of troops here now conducive to 
the peace and prosperity of this locality ? 

9th A. I do not believe they are. 

10th Q. Do you know of any outrages or unlawful acts 
committed by the soldiers ? if so, state whether or not they 
have submitted to the opperation of civil law. 

10th A. I know once of th&ir resisting civil law here in 
town; the difficulty occurred on Sabbath, on the following 
Monday a warrant was issued for his arrest and a constable 
was sent after him ; the culprit and three or four more soldiers 
resisted the officer, throwing rocks at him and striking him 
with revolvers; they also resisted the deputy sheriff, striking 
him and making him right about face and kicking him in the 
stern ; the soldiers were intoxicated and in town, the com¬ 
mander was at camp, some two or three miles away when the 
arrest was attempted to be made. 

By J. T. Burris: 

11th Q. Where were you at the time J. A. J. Chapman, 
and other engineers and employees of the railroad company 
were driven from the line of the railroad ? 

11th A. I do not know; I don’t know of Mr. Chapman 
being driven off of the railroad. 

12th Q. Do yon know of laborers on the railroad being 
driven from their work by citizens on the Neutral Lands ? 

12th A. I do not. 

13th Q, Do you know of railroad ties having been burnt 
on the line of the railroad in Cherokee county? 

13th A. I do not. 

14th Q. Do you know whether the driving away of 
Chapman and his party, and of railroad hands, and the burn¬ 
ing of railroad ties reported to have been done, was sanctioned 



65 

or approved by any portion of the people of Crawford or 
Cherokee counties? 

14th A. Yes. 

15th Q. How large a proportion of the people of Craw- 
ford county favored these outrages ? 

16th A. I do not remember of hearing but two or three 
men speaking in regard to it, and opposing it; in regard to 
how large a proportion, I do not know. 

17th Q. Why is it that in counties where such outrages 
were perpetrated you believe it unnecessary to have the aid 
of a military force ? 

[J. H. Snead objects to the question, for the following 
reason: That there has not been any proof that the citizens 
on the Neutral Lands committed the outrages as referred to 
in the question.] 

17th A. Well, in the first place, I don’t know of any such 
outrages having been committed ; in the second place, I am 
confident that a majority of the citizens did not participate 
in the outrages, if any did; in the third place, I believe that 
the sheriff of Crawford county could have arrested any body 
in the county if he had had the proper papers in his hands; 
at the spring term of the district court, the report came here 
that the engineers had been driven from the railroad line, 
upon which some twenty-five or thirty men tendered their 
services as a posse to assist in arresting the guilty parties; 
Mr. Ryan, in my presence, refused them, telling them that he 
was able to make any arrests himself. 

18th Q. Ho you know who the parties were who made 
an expedition to Baxter Springs, to demolish or suppress the 
railroad land office there ? 

18th A. I do not know the parties, nor of the expedition. 

19th Q. Where were you at the time that expedition was 

reported to have been made ? 

19th A. I do not know at what time the expedition was 
made, but expect I was living in Grirard. 

20th Q. Hid any portion of the people of Crawford 
county sanction or approve of that movement on Baxter 
Springs ? 


5 


66 


20th A. I do not remember of talking to any of the citi¬ 
zens outside of Girard; I heard no one approve of it. 

21st Q. Could those parties, engaged in driving off engi¬ 
neers and railroad hands, and in burning ties, have been 
arrested, prosecuted, convicted and punished in Crawford 
county, at the time those outrages were committed ? 

[J. H. Snead wants his objection recorded, as the witness 
has already stated that he don’t know that there was any 
ties burned, engineers driven off of the road, or any outrages 
committed upon them. Sustained by Sanford; Burris, Le 
Due and Wright sustain the question.] 

21st A. I think if any party had violated the law, they 
could have been arrested; no courts were ever interfered with, 
nor do I think they would have been; I believe any parties 
charged with crime could have been arrested, fairly tried, and 
if found guilty, punished; I think they could, if there had 
been any such parties. 

22d Q. Do you know of a mob, composed in whole or in 
part of citizens on the Cherokee Neutral Lands, proceeding to 
Jacksonville ? 

22d A. I was in Jacksonville last spring; the night after 
I got there, there was a mob after a Mr. Gunn of that place. 
Jacksonville is in Labette county, on the Osage land; there 
were some of the parties who I thought lived in Crawford 
county; I do not know whether they live on the Neutral 
Lands or not. 

23d Q. Were you yourself a member of that party, or 
did you help to get it up, or in any way participate with the 
members of it ? 

23d A. I was not a member of the party; I did not help 
get it up; I assisted Mr. Gunn to escape; I did not partici¬ 
pate with the party. 

EDWIN E. PARKER 


J. W. Lane, who being duly sworn according to law, testi¬ 
fies as follows: 



67 


My age is 39 years; I reside in Baker township, Crawford 
county, Kansas; my occupation is that of a farmer; I have 
resided in the county since July, 1868. 

By J. T. Burris: 

1st Q. Do you know of any acts of violence having been 
perpetrated by any portion of the people of the Neutral 
Lands against the railroad company, its contractors, engineers, 
laborers or other employees, prior to the arrival of troops here? 

[Mr. Sanford objects to this mode of asking questions, on 
the ground that it is leading and suggests the answer, and to 
the subject matter of the inquiry, for the reason that no 
authority is given the Committee to inquire into quarrels be¬ 
tween citizens, or between any portion of the citizens on the 
Neutral Lands, and any incorporated company, or individuals 
composing any private corporation.] 

1st A. I was assessor of Baker township for the year of 
1869; they appointed a committee; (I mean by they it was 
a meeting of citizens of Baker township, and some from 
Girard;) the committee consisted of Willis Banks, Hannible 
Huff, William Marlatt; they notified me not to make any 
assessment of land claimed by the railroad company per 
abstract handed me by the county clerk. I was off in the 
east part of the township assessing; after that, when I re¬ 
turned home, my wife and hired girl—[At this point objec¬ 
tion was made to the witness testifying to statements made 
to the witness by others, whereupon Mr. Burris moved that 
the witness be allowed to proceed to answer the question in 
his own way, whether of knowledge or information, and that 
the clerk record the statement as made, which motion pre¬ 
vailed, Burris, Wright and Le Due voting aye, and J. H. 
Snead, nay.]—my own boy, and a boy that was living with 
me, reported to me, that the night before, after they had all 
gone to bed, some ten or twelve persons came and demanded 
the papers that had been furnished me for assessing the land. 
I read a letter from an assessor of a township west of me; 
he signed it officially as assessor of the township, that a party 
of men came to his house the night before, took him prisoner 
and then took his papers, and he thought the parties were 


68 


from Cherokee county. My papers were not taken, and 
when I came home I returned the papers to the county clerk 
and made no assessment. 

2d Q. Do you know of any other acts of violence, or 
threats of violence by any portion of the people of the 
Cherokee Neutral Lands against the railroad company, its 
contractors, employees or property ? 

2d A. After what we term as the first Baxter Springs 
raid, I know that another raid or move was contemplated, 
but it was finally abandoned. 

3d Q. Did you ever hear any threats, by any of the so- 
called Land Leaguers, against Mr. Joy, the railroad company, 
its employees or property ? 

3d A. They threatened to destroy the land office at 
Baxter Springs the second raid; they threatened Mr. Bailey ; 
they drove him away from our township; he was a railroad 
man, or in favor of letting the road go on. Mr. Bailey kept 
coming back into the township ; I heard Mr. Langdon say 
that if he came back any more to take him with the posse 
and he would start him ; I mean by “ they ” it was the radi¬ 
cal party of the Leaguers; the names of the leading ones are 
Messrs. Langdon, Cheeny, George Hobson, B. Bartan, D. J. 
Vermillion, H. Hearon, Wm. Marlatt, John Porter, Daniel 
Porter, Hiram Hearon, Col. Daniels, Frank McLain, Charles 
and Geo. McLain, Lisabee S. Delain, Wm. Morton, J. T. 
Keeler, J. Brown, Geo. Brown, C. W. Brown, Vanphool; that 
is all I think of at present. 

4th Q. Did you attend any public meetings on the Neutral 
Lands which were addressed by the Hons. Sidney Clarke, G. 
H. Hoyt and John Speer ? 

4th A. I did ; it was at Iowa City last July, 1869. 

5th Q. How largely was that meeting attended ? 

5th A. I should think that there were about two hundred 
and twenty-five persons there. 

Q. Were any resolutions passed at that meeting ? 

A. There was a verbal resolution offered by Mr. Langdon 
that we use our influence to send Sidney Clarke to the United 


69 


States Senate, (S. J. Langdon the representative of this county, 
is the man I mean.) 

6th Q. Who were the speakers that addressed that 
meeting ? 

6th A. Sidney Clarke, John Speer and G. H. Hoyt. 

7th Q. What was the advice given by the speakers to 
the people assembled ? 

7th A. Mr. Clarke advised them to stand firm. He 
thought that they had been imposed upon; he rather approved 
of the action they had taken in stopping the road from being 
built. The question was asked by one of the audience, “if 
the company come on guarded by United States troops what 
would we do?” Mr. Clarke says, “ of course, I cannot recom¬ 
mend violence.” 

[Further answer to this was objected to by H. Sanford, 
sustained by Wright and LeDuc. The objection of Mr. 
Sanford, was that we had no business to ask about what 
Sidney Clarke said, or any other man.] 

By Mr. Sanford: 

8th Q. How do you know that a second raid was con¬ 
templated on Baxter Springs ? 

8th A. I know it from the fact that I was in the meeting 
when the w^ord came ftntus to go. 

9th Q. Were you a member? 

9th A. Yes, sir. 

10th Q. What was the object of the second raid ? 

10th A. To go there and close the railroad land office. 

11th Q. Who threatened Mr. Bailey, and drove him 
away ? 

11th A. The League; I was not at the meeting; I cannot 
say who the committee was, not from my own personal 
knowledge; I was furnished with a list of the names of the 
committee, Messrs. James Cheeny, Martin Bratin, and 
W alker. 

12th Q. How do you know that any person or persons 
drove Dr. Bailey away from your township ? Do you know 
it of your own personal knowledge or from statements of 
others ? 


70 


12th A. I do not know from my own personal knowledge, 
but from statements of others. 

13th Q. What words did Mr. Clarke use to make you 
rather think that he approved of preventing the railroad 
from being built ? 

13th A. He cited us the resolution that he had got 
through the House the winter before; that if we stood firm 
and prevented the railroad from being built south of the 
county line, and kept up our organization that it would be 
brought up again in Congress, and that we would get some 
relief. I cannot give his exact words, those are the words or 
purport of the words as I understood them, and I understood 
them— 

[Col. J. T. Burris insisted upon the witness giving full 
answers to the question; A. Sanford objects to the witness 
making a further answer to the question. Wright and LeDuc 
sustain Burris.] 

The question then was asked Mr. Clarke what we should 
do if the company should come on guarded with United 
States troops, Mr. Clarke says, of course, I cannot advise you 
to commit any acts of violence ; he says, 1 understand that a 
short time ago some ties were piled up on Cow creek, and by 
some accident they caught fire and were burned up ; I further 
understand that a party of surveyors were coming down 
through your county, and, by some such accident, the w r agon 
and their implements took fire and were burned up. How, 
then, says he, such accidents will happen in the best regulated 
communities; you know, he says, that it has been very dry 
this season; when such accidents as these do occur you 
should be very careful to all be in bed asleep; now, who ever 
heard of a train of cars running through a country without 
ties or bridges. 

Q. Who signed the abstract that was sent you, recorded 
by the county clerk ? 

A. By Cab. Cox, Mr. Joy’s agent at Fort Scott. 


71 


By J. T. Burris: 

Q. By whom were you informed that the Leaguers drove 
Dr. Bailey from his home ? 

A. I was informed by the Leaguers. 

J. W. LANE. 

Adjourned, to meet at Columbus, Cherokee county, this 
10th February, 1870, 5 p. m. 


Columbus, February 11th, 1870. 

Committee met pursuant to adjournment, at 9 o’clock a. m. 

James Gr. Duncary, who being first duly sworn according 
to law, deposeth and saith: 

I am a resident of Cherokee county, Kansas ; am thirty 
years old, and by occupation a carpenter, and am county clerk 
of this county; I have lived in this county near three years; 
I was elected county clerk at the last general election, on the 
settler’s ticket; my majority was seventy. 

By A. Sanford : 

1st Q. Do you know whether or not any sheriff or other 
ministerial officer, has ever been resisted in making any civil 
arrests, or prevented from executing any civil process in this 
county, and if so, state by whom, when, and where did it 
occur ? 

1st A. I know of none. 

2d Q. Would you have been likely to have known, if 
such had been the case ? 

2d A. I would. 

3d Q. Have the courts within this county been regularly 
held, and open for the redress of grievances since your resi¬ 
dence therein ? 

3d A. They have, as far as I know; there has been no 
obstruction in the court, that I know of. 



72 


«- 4th Q. Has the presence of United States troops on the 
Heutral Lands been necessary to assist the civil officers in the 
preservation of peace ? 

4th A. They have not. 

5th Q. Is their presence here now conducive to the peace 
and prosperity of this locality? 

5th A. I think that it is not, but, on the contrary, objec¬ 
tionable ; I consider that we have no need of them at all. 

6th Q. Are the people of Cherokee county generally law- 
abiding and orderly, or are they disposed to lawlessness and 
a disregard of law and order? 

6th A. They are law-abiding, and as quiet and regard 
the law as much as any community I ever lived in. 

7th Q. State whether or not any portion of the male 
adults were soldiers in the United States army during the 
late war, and if so, about what proportion ? 

7th A. A large proportion of the citizens of this county 
were in the war, I think about three-fourths. 

8th Q. State if you know of any ill-feeling on the part 
of the citizens generally, and towards whom, and the cause. 

8th A. There is an ill-feeling existing with a great many 
of the citizens, in regard to troops being sent on the Lands 
without the citizens being made acquainted with the cause 
for sending them; there is no ill-feeling towards Mr. Joy per¬ 
sonally, nor the railroad company, but there is a feeling of 
oppression, made so by attempting to take forcible posses¬ 
sion of our land; I aim to convey the idea that the citizens 
feel oppressed. 

9th Q. What were the issues before the people at the last 
general election, and how were the people divided, and what 
were the principles involved in the contest ? 

9th A. The issue was labor against capital; the people 
were divided on the question as to whether they would buy 
their land from the railroad company or the general govern¬ 
ment; the principles involved in the contest were, whether 
we would suffer the authorities to take forcible possession of 
our land or not. 

10th Q. State what you mean by the authorities. 


73 


10th A. I mean by the authorities, this: The settlers 
considered that the troops were illegally sent here, and that 
the sale of the Lands was illegal; it was our object to bring 
about a reform that would eventually terminate in justice and 
equity. 

11th Q. State whether or not the principles of the set¬ 
tlers’ party were defined by resolutions, and if so, by what 
kind of a convention, and whether or not the opposing party 
declared their principles in resolutions. 

11th A. The settlers’ party was defined by resolutions, in 
a convention which was held at Columbus, the county seat of 
Cherokee county; it was generally understood that the con¬ 
vention was to be held—was a delegate convention; I know 
of no resolutions guiding the actions of the opposite party. 

By J. T. Burris: 

12th Q. Were you an officer of Cherokee county prior to 
the late general election ? 

12th A. I was not. 

13th Q. Do you know of a district court in this county 
being adjourned by order of the judge, before the business of 
the court was disposed of, because of the ill-feeling and dis¬ 
turbances existing among the people ? 

13th A. I do not know of such circumstance. 

14th Q. Where were you at the time of the first court 
held in this town ? 

14th A. I was on my claim, about four miles from this 
town; I think the first court was held about the first of Au¬ 
gust, 1869, which was the only district court. 

15th Q. Do you know of persons, who were brought be¬ 
fore that court on charges of violating the law in forcibly 
resisting the building of the railroad, being discharged by the 
court without trial, on promise made by them to abstain from 
acts of violence and lawlessness in the future ? 

15th A. I don’t believe I can answer that intelligently; 
I heard of some persons who were under arrest but knew not 
for what. 


74 


16th Q. Were not meetings held and resolutions adopted 
by what you call the settlers’ party, other than the one to 
which you have already referred ? 

16th A. There was, by the League party. 

17th Q. Have not some portion of the settlers at such 
meetings held resolved to resist the building of the railroad 
unless Mr. Joy would agree that they should have their land 
claims at $1.25 per acre ? 

17th A. Ho; the resolutions were embodying the facts 
that they would resist the building of the railroad until Mr. 
Joy’s claim to the land was relinquished; that they did not 
propose to buy the land of Mr. Joy, but receive their title 
from the general government. 

18th Q. When, where, and how many times have such 
resolutions been passed ? 

18th A. These meetings have been held and such resolu¬ 
tions passed frequently, and generally over the county since 
Mr. Joy issued his circular giving terms and price of land. 

19th Q. Is the party which your term the settlers’ party 
arranged into regiments, battalions and companies, com¬ 
manded by colonels, lieutenant colonels, majors, captains, and 
other officers, with military designations? 

18th A. Hot under all the formalities of military; ac¬ 
quainted with military tactics as I am, I will state that it is^ 
not perfectly so. There are officers in the organization that 
assume those titles to some extent. I should state here 
that this is an organization outside of what is termed the 
settlers’ party, more familiarly known as the League. 

29th Q. Do you know of any person or persons being 
driven from the Heutral Lands, or being in any way mal¬ 
treated or threatened with personal violence because of their 
opposition to what is familiarly called the League, or their 
support of Mr. Joy or the railroad company ? 

20th A. I cannot say as I do. 

21st Q. Do you know of railroad ties being burned in 
this county, and if so, where and by whom ? 

21st A. I don’t know. I have seen some stubbs of what 
was called railroad ties. I don’t remember the date when. 


75 


I think I saw them in the month of December, 1869, east of 
Spring Eiver, in this county. I don’t know who burned 
them. 

22d Q. How many votes were polled in this county at 
the last general election? 

22d A. I don’t know without my books. [Books were 
brought;] the vote for county clerk was, J. W. Davis, 507 ; 
J. G. Duncary, 577; John Dyer, 10; total pumber of votes 
cast in Cherokee county for clerk, 1,094. 

23d Q. Do you mean to be understood as saying the 
settlers’ union organization is a military organization, in any 
sense, and that any of its officers have military titles derived 
from the organization, and if not state whether or not such is 
the fact ? 

23d A. I do not mean to be so understood. They have 
no officers with such titles, and nothing with them, like it. 
It is entirely a political organization and a public organiza¬ 
tion. 

[The vote of Baxter Springs for county clerk, was, J. G. 
Duncary, 2; J. W. Davis, 140 ; John Dyer, 1; the entire vote 
in Baxter Springs, for county clerk, being 143.] 

By J. T. Burris. 

24th Q. Are the members of an organization familiarly 
called the League, which has colonels, lieutenant colonels, 
majors, captains, and other officers bearing military desig¬ 
nations, most or all of them members of the political organi¬ 
zation called the Settlers’ Union ? 

24th A. I cannot state. In my best judgment there is a 
large proportion. 

J. W. DUJSTCARY, 

County Clerk. 


J. N. Ritter, who being first duly sworn according to law, 
deposeth and saith: 

I am twenty-four years old. I reside in Columbus, Cher¬ 
okee county, Kansas. My occupation is that of an attorney ; 
am now county attorney, and have been since January, 1869. 



76 


By Amos Sanford. 

1st Q. Have you ever been called upon to prosecute any 
citizens of Cherokee county for violations of law upon any 
charge for burning railroad ties, wagons, surveyors’ instru¬ 
ments, or driving engineers, or other railroad employees, or 
driving any citizen from the county, and if so, who were the 
parties charged ? 

1st A. I have never been called upon to prosecute any 
such, nor have I ever heard of any one being arrested on such 
charges; I have never heard of warrants being issued against 
persons charged with such offenses. 

2d Q. State whether or not the military force sent here 
was necessary to aid the civil officers in the enforcement of 
the law, or whether or not they have ever been used for that 
purpose. 

2d A. Ho, sir; I do not think that they were necessary, 
nor do I think that they have ever been used for that pur¬ 
pose. 

3d Q. Is the presence of the troops here now conducive 
to the peace and prosperity of this county ? 

3d A. Ho; I do not think they are, but think that their 
presence here is conducive to irritation and dissatisfaction on 
the part of the people. 

4th Q. Were you present at a convention of the people 
of this county, held at Columbus on the 25th day of Septem¬ 
ber, 1869; and if so, what was the purpose of the convention, 
and how were the members of that convention chosen ? 

4th A. I was present; it was called to nominate county offi¬ 
cers and representative for this county; the members were 
chosen by the Settlers’ Union in each township, where there 
was an organization of such union, by ballot; each township 
being represented according to the number of voters in said 
township. 

5th Q. Were there any resolutions passed at that con¬ 
vention by a unanimous vote, and if so please attach a copy 
to your answer, if you have them? 

5th A. There were; these are a copy of the resolutions, 
as published in the Workingman’s Journal: 


77 


PLATFORM OF THE SETTLERS’ UNION OF CHEROKEE COUNTY. 

Whereas, The settlers of Cherokee county, Kansas, act¬ 
ing upon the suggestion contained in the settlers’ resolutions 
of July 29th, 1869, adopted at the Jacksonville mass meeting, 
have formed a “Settlers’ Union,” in each township in this 
county, for the purpose of uniting together, without regard 
to existing party relations, in opposition to land monopolies, 
corruption in office, and wrong and oppression of every form, 
and 

Whereas, This convention was called for the purpose of 
nominating candidates for county officers : Therefore be it 

Resolved , That we, the delegates to this Settlers’ Union 
convention, representing the views and sentiments of the 
people of the several townships, are in favor of the principles 
contained in the immortal declaration of independence; of 
equal and exact justice to all, special privileges to none; of 
the developments of the country and its resources; of the 
same protection to productive industry that is given to non¬ 
producing capital; of the building of railroads in any legiti¬ 
mate way ; and in favor of giving (not selling) the public 
lands of the United States to actual settlers, only in limited 
quantities. 

Resolved , That we are opposed to monopolies, imperialism, 
aristocracy, and any combination of power that tends to sub¬ 
vert the “will of the people” which is, or should be “ the law 
of the land.” 

Resolved , That we will not submit to the demands of the 
Missouri River, Fort Scott & Gulf Railroad Company, for a 
mortgage upon our labor for years to come ; and that our 
refusal to purchase our homes from said company, is based 
upon the belief that the sale of the Neutral Lands to James 
F. Joy is void; that any patents issued to him are void ; that 
the said railroad company have derived no title to the Chero¬ 
kee Neutral Lands by the conveyance from the said Joy; 
and that purchasers from said company can acquire no valid 
title. 

Resolved , That we are willing to submit the questions 
involved in the Neutral Land controversary to the courts, 
and that the assertion that we are a band of lawless men 
who would not submit to the decision of the courts, is an 
insult to the intelligence of our people. 

Resolved , That in our opinion it is the duty of Congress 
to pass an act annulling the pretended sale of said lands to 
Joy, and opening the same to settlement and entry under the 
homestead and pre-emption laws of the United States. 


78 


Resolved , That it would have been better policy for the 
United States, to have purchased the above mentioned lands 
from the Indians at $1.00 per acre, and given them to actual 
settlers than to put the country to the expense of furnishing 
troops to aid railroad companies, for the purpose of oppress¬ 
ing the people, and intimidating them into submission to the 
demands of a landed monopoly. 

Resolved , That the sending of troops upon the Neutral 
Lands, is an outrage upon our citizens, and an insult to the 
American people, and that the certificate of one Wm. G. 
Seright, a resident of Linn county, claiming to be sheriff of 
this county, of the 17th of May last, upon which the Gov¬ 
ernor’s application for troops was based, is false, scandalous 
and malicious. 

Resolved , That we tender our thanks to the workingmen 
of the United States for their expression of sympathy, by 
resolutions passed at the late session of the National Labor 
Congress. 

Resolved , That we require of every county officer in our 
county in the future a strict observance of the duties imposed 
upon him by law, and the exercise of strict economy, so that 
taxation may be as light as possible upon our citizens. 

Resolved , That all officers of our government are but the 
servants of the people. The rightful sovereigns should hold 
them responsible for violations of their trust, and that none 
but honest, capable and temperate men should be elected to 
fill any position of honor or profit in the future. 

Resolved , That we are in favor of the protection of the 
ballot box against corruption and fraud, and the enforcement 
of the penalty for any violation of the election laws of our 
State. 

6th Q. Do you know whether or not General Hazen, 
commanding the troops here, has taken any part in the con¬ 
troversy as to the title to the Neutral Lands. 

6th A. Yes, sir ; he has taken an active part, and written 
several letters, and one to the Governor of this State, which 
I have read. I have seen the following report published in 
the newspapers, [objected to by L T. Burris as irrelevant and 
incompetent.] The witness showed an extract of what pur¬ 
ported to have been written by General Hazen, from Hiram, 
Ohio. [Objection sustained by Le Due, Wright and Burris.] 


79 


By J. T. Burris: 

7th Q. How long have you resided in Cherokee county, 
and how long in Columbus ? 

7th A. In the county over two years, and in Columbus 
since about the first of last March. 

8th Q. Do you know of any person or property being in 
any way injured or interfered with by any portion of the 
people of the Neutral Lands before the arrival of troops here ? 

8th A. Yes, sir; there has been some individual cases of 
it, done so by individuals, as far as I know. 

9th Q. When, where, and by whom have such acts of 
violence been perpetrated ? So far as persons or property 
were so injured, were they in any way connected with the 
railroad company ? 

9th A. I know of none. 

10th Q. Do you know of meetings being held, and reso¬ 
lutions being passed, by any portion of the people of this 
county to the etfect that the building of the railroad would be 
resisted in any event? 

10 A. No, sir. 

11th Q. As county attorney, do you believe that prior 
to the arrival of troops persons of this county could have been 
arrested, tried, convicted, sentenced and punished for the 
destruction of ties or other railroad property, although they 
might have been guilty ? 

11th A. I do, I have no reason to think otherwise. 

12th Q. As county attorney, do you believe that residents 
of this county, who were members of the so-called League, 
could have been arrested, tried, convicted and punished for 
driving railroad engineers from the county, or for driving 
from the county or destroying property of citizens who were 
known to be what was called railroad, or Joy men, or anti- 
Leaguers ? 

12th A. Had they been guilty, I believe there has been 
no time but what they could. 

13th Q. Why, then, as county attorney, have you not 
taken steps to have those parties arrested, tried, and if found 


80 


guilty, punished those who have been reported to be guilty of 
the offenses described in the last two preceding questions ? 

13th A. I will simply say that I never heard of any par¬ 
ticular persons being charged with such offenses, nor do I 
know who committed them if any had been conmitted. 

14th Q. Do you know of any person having been forci¬ 
bly taken from Columbus by a portion of the citizens of this 
county, and forcibly held as a prisoner by a squad of armed 
men, without process of law ? 

14th A. No, sir; I do not know. 

15th Q. How many terms of the district court have ever 
been held in Columbus ? 

15th A. There has been two terms, one last May, and 
one in September last. 

16th Q. Did you have a grand jury either term ? 

16th A. No, sir. 

17th Q. Was not court adjourned at one or both of those 
terms by order of the judge before the completion of the term, 
because of the excitement and ill-feeling existing among the 
people ? 

17th A. No, sir; but on the contrary, every case was 
called and disposed of on the docket. 

18th Q. Did you ever attend a meeting in Columbus from 
which Senator Yoss of Fort Scott was driven by force or 
threats of force ? 

18th A. I never saw Senator Yoss at a meeting in 
Columbus except at court, nor never saw any one driven away 
by force or threats of violence.* 

19th Q. Do you know of a force of armed or partially 
armed citizens of the Cherokee Neutral Lands, proceeding 
to Baxter Springs for the purpose, or avowed purpose, of 
destroying or breaking up the railroad land office, about the 
10th of February, 1869 ? 

19th A. I was in Baxter Springs at that time and saw a 
number of men in town on horseback, but what their purpose 
was, I do not know; I presume there were between one 


* Corrected, see page 83. 



81 


hundred and fifty and two hundred, I noticed some of them 
having arms ; I don’t know whether they all had or not. 

20th Q. Who were those men, and where did they 
reside ? 

20th A. I only recognized two or three of them, they 
resided on the east side of this county. 

21st Q. Were not you and your county hoard informed 
that a body of men had forcibly seized and taken possession 
of the abstract of taxable lands of the railroad company, 
and did you not fail and refuse to prosecute those men ? 

21st A. There was complaint made by the treasurer to 
the board of county commissioners that a certain paper pur¬ 
porting to be the abstract of taxable lands of this company 
in this county had been obtained or gotten from him ; the 
treasurer wanted the county board to take it in hand and 
prosecute it, as I understood it, and the board, or one of the 
board, of county commissioners asked my advice, and as near 
as t can recollect is simply this, for the treasurer to go before 
a justice of the peace and complain under oath against the 
parties accused; I have never refused to prosecute the men, 
but have announced myself in readiness to prosecute all 
offenders. 

22d Q. Did you offer or propose to draw up the proper 
affidavit ? 

22d A. No, sir; I did not offer or propose to, for the 
simple reason that I do not think an affidavit is necessary, 
nor was I asked to draw up an affidavit. 

By J. H. Snead: 

23d Q. Has there ever been an application or a petition 
for a grand jury in this county, and if so, when and by 
whom ? 

23d A. I have asked the board of county commissioners, 
one year ago last January, to order a grand jury for the May 
term of the district court; I also made the same request at 
the July term of the county commissioners, showing them 
the necessity of having a grand jury, but they refused on 
6 


t 


82 


both occassions, stating that it would involve an additional 
expense; I think none of them are members of the so-called 
League j one of them is its strongest opposer. 

24th Q. Please state all you know about the Baxter raid,, 
and whether you requested any one to file affidavits against 
any party or parties that were engaged in the same, and if 
so, did they do it ? 

24th A. All I know is, that men came into town; after 
this party of men had left, the citizens of Baxter, or a great 
number of them, flew to arms*, organized themselves into 
companies and battalions, hauled the calaboose from one of 
the back lots to a public street, said that they were going to 
use it for a fort, and went about ordering men to join some one 
of the companies; they came to Mr. Sanford and me, and re¬ 
quested us to do the same thing; we refused from the simple fact 
that we thought it was a mob and told them so; I saw no 
one commit an illegal act, personally; other men came to me 
and told me that illegal acts had been committed by # the 
party, and requested that they be arrested; I requested them 
to go before a justice of the peace, make that complaint under 
oath, and have the parties arrested; I should prosecute them 
to the best of my ability; they refused, however, to do so. 

25th Q. Lid the sheriff, or any other officer, attempt to 
make any arrests at that time ? 

25th A. No, sir; they did not to my knowledge; I told 
some of the officers to make an arrest, and they then would 
have the power to call all the county in assisting them. 

By A. Sanford. 

26th Q. Do you know Wm. L. Seright? if so, what 
office did he hold, and how did he conduct himself? 

26th A. I am acquainted with Mr. Seright; he was 
sheriff of this county; he neglected to hold his office at the 
ounty seat for a number of months, and has, to my knowl¬ 
edge, refused to serve and return one or two processes. 

27th Q. Was there any sheriff or deputy attending the 
district court at its last session, and has there been any 
sheriff’s office kept open at the county seat since that time? 


83 


r 


27th A. Under sheriff Dyer attended the court on that 
occasion, but there has been no sheriff or deputy sheriff hav¬ 
ing his office here since that time, until sheriff Vincent was 
qualified as such. 

28th Q. Where is William Seright and John Dyer now ? 

28th A. I do not know where. 

By E. H. Le Due: 

29th Q. Where did Mr. Seright hold his office? 

29th A. I don’t know. 

30th Q. Where did his deputy keep his office? 

30th A. I don’t know. 

J. N. RITTER, 

County Attorney. 


[J. N. Ritter, by his own request wishes to make correction 
of answer to question 18.—See page 80.] 

Correction—Except one J. W. Davis. 

By E. JET. Le Due : 

1st Q. When did you see Mr. J. W. Davis driven away 
from Columbus by threats of violence; who was present, and 
what was done ? 

1st A. It was done some time about the first of April, 
1869. Mr. Douglas, Mr. Graham, A. M. McDowell, William 
Smith, were present. One of the parties said that Mr. Davis 
had established a proving-up office here, and he proposed that 
it be stopped, and that Mr. Davis be notified to quit the town; 
he was natifiod to quit the town. 

2d Q. Did you say any thing to Mr. Davis ? 

2d A. 1 spoke to him; we had been rooming together; 
we were friends; I expressed my sympathy for him. 

3d Q. Did you tell him he must leave, or anything to 
that effect ? 

3d A. No sir; I did not. 

4th Q. Have you ever seen any person commit an illegal 
act in any place in the county ? 



84 


4th A. None, except the one referred to. v 

5fch Q. Why did you not take measures to punish the 
persons committing this illegal act ? 

5th A. Because complaint was never made before a 
justice of the peace, and it was not my duty to do so until 
complaint had been made. 

By J. H. Snead : 

6th Q. Did Mr. Davis return to this place or the county 
before the troops were sent here, and if so, how long before ? 

6th A. He returned to this place about two weeks after 
being sent away; several months before the troops arrived. 

By Mr. Sanford: 

7th Q. State whether or not, upon his return, he was 
upon friendly terms with the same men who requested him 
to leave the county, and what has been his relations to them 
since ? 

7th A. Yes, sir ; he was upon friendly terms with them 
after his return; he told me he could not blame the boys 
much; they were his best friends now. 

By Mr. Burris : 

8th Q. Did he on his return, or at any time thereafter, 
attempt to open a proving-up office in this place ? 

8th A. Not to my knowledge. 

JOHN N. RITTER, 
County Attorney . 


J. R. Edwards, who being of lawful age, being first duly 
sworn according to law, deposeth and saith: 

I am twenty-six years old ; reside in Columbus ; my occu¬ 
pation is that of an attorney at law; I have resided in this 
county and city since the 31st of May last. 

By J. T. Burris. 

1st Q. Have you ever witnessed any acts of violence 
perpetrated by any portion of the people on the Neutral 
Lands against the railroad company, or any of its contractors 
or employees. 



85 


1st A. I never witnessed any acts, I have heard a great 
many threats of violence; I have heard Mr. Amos Sanford 
threaten to shoot any one of the railroad employees if they 
attempted to put their foot on his claim j I heard him say 
that he was in favor of having the settlers arm themselves, 
march to Fort Scott and burn Joy’s office, troops or no troops; 
I have also heard him say that Mr. Joy ought to he tun out 
of the country, and if they did not do it he would pack up 
his hooks and leave the country. He told me that I would 
have to leave this country in less than a week if I openly 
advocated railroad opinions that I had just given him in 
favor of the road. 

2d Q. Have you attended any of the meetings and 
heard the resolutions passed by the so-called Leaguers? 

2d A. I recollect of having attended none of them ? 

3d Q. Have you at any time seen armed bands of the 
so-called Leaguers in Columbus, and if so, what was their 
deportment ? 

3d A. I don’t recollect of seeing any such bands. 

By J. H. Snead: 

4th Q. Was Mrs. Fry induced to leave the town on 
account of threats made against her by Sanford ? 

4th A. She was not. 

6th Q. Hid the threats, made by Sanford against the 
railroad company or its employees, come to their knowledge ? 

5th A. I have no means of knowing. 

6th Q. Have the courts been kept open since your resi¬ 
dence in the county that processes might have been issued 
for the arrest of offenders against the law ? 

6th A. Courts have been kept open ; processes might 
have been issued; but I don’t think arrests could have been 
made in a number of cases; the reason I have that opinion 
is from the threats and what they have said. 

7th Q. Have you ever seen any ministerial officer in the 
county of Cherokee attempt to make an arrest of any person 
or persons, and in so doing was resisted, and if so, when and 
by whom ? 


86 


7th A.^I never have. 

By John R. Wright: 

8th Q. In your opinion could an arrest have been made 
at any and^all times in Cherokee county for such offenses as 
burning railroad|ties, or in any way impeding the progress 
or construction of the railroad ? 

8th A. They could not. 

By J. H. Snead: 

9th Q. I^How do you know that they eo dd not have been 
arrested ? 

9th A. I have heardjparties saying that they could not 
be arrested, some of them^I have heard say that they had 
burned ties and could not be arrested. 

10th Q. Is it in that way you formed your opinion, and 
no other, that they could not be arrested ? 

10th A. From that, and^the general character of the 
parties. 

11th Q. Have youjbeen driven away from this town, and 
do you still entertain|opinions in favor of the railroad ? 

11th A. I have neverjbeen driven away from this town ; 
my opinion is still in favorof the railroad. 

J. R. EDWARDS. 


James T. G-oodner, who being first duly sworn, says he is 
forty-two years of age, and dives in Cherokee county; my 
occupation is that of a farmer, and am county treasurer of 
this county; have lived in this county since 1866. 

By J. T. Burris: 

1st Q. Have you witnessed at any time, in this county, 
any acts of violence perpetrated by any portion of the citizens 
of the Neutral Lands against the railroad company or any of 
its contractors or employees, or any other person, on account 
of their friendship for the same? 

1st A. I have; in February or March, 1869, I was at 
Sherman City, and I saw a body of men coming from the 
south; when opposite my house they turned from the road 
towards my house; I, in company with one D. M. JSpencer, 



87 


started to meet them; when we met them they informed Mr. 
Spencer that they were after him and that he must go with 
them, which he refused, when the order was given to take 
him. When the question was asked if any one had a rope to 
tie him with, the answer was that they had. My wife came 
out and took me away. They took him away with them. 
I did not count them, but my judgment is that there was 
thirty or forty men; a portion of them were armed and a 
portion had no visible arms; what were armed were armed 
with rifles and shot guns. William Givens appeared to be 
the commander of the squad. There was William Stearn, 
Jonathan Tompson, Mr. Jlorley, one or two of the Roboks, 
Mark Lewis, Pat King, a Mr. Radcliff; I don’t know as I can 
designate all of them just now. A few days afterwards I 
went to a neighbor’s house and Mr. Spencer was there; I had 
not been there but a few minutes when a mob rode up to the 
fence again and called Mr. Spencer out and demanded of him 
to go with them ; he refused, and Mr. Givens remarked to his 
crowd, we will have to put him at the end of a rope where 
he belongs. They took him and went off northward ; I went 
along, and after some quarter of a mile I was cut out of the 
crowd by one acting as a guard, and they took Mr. Spencer a 
short piece from the road and got off of their horses, and ap¬ 
peared from their actions to be administering an oath tj 
him ; that is all I saw of that transaction. On the 12th of 
May, 1869,1 was waited on by a mob and robbed of an abstract 
of lands belonging to the railroad company, which was sent 
to me to have placed on the tax roll. The number of men 
were between twelve and sixteen. A part of their names are, 
William Givens, who was acting the"part of captain, Cooper I. 
Thompson, W. Stearns Cowan I. Hesse, Edmunson R. Rad¬ 
cliff, George Tea, J. D. Elliott, J. B. Goodner, and some oth¬ 
ers, I have not got their names; if they were armed they 
were not visible; I saw Doctor Bailey, of Pleasant View, here 
under guard, but did not see him arrested ; it was in the sum¬ 
mer of 1869. I know nothing of driving off railroad hands or 
destroying railroad property. 

2d Q. What were the charges made by these men against 
Spencer, Bailey, yourself and others ? 


t 


88 


2d A. The charge, so far as I could understand, against 
Mr. Spencer was, he was a Joy agent; against Bailey, I don’t 
know; I suppose the charge against myself was the same as 
Spencer’s, from the fact that they told me that if I had any¬ 
thing more to do with Joy or Cox, they would send me up 
with the railroad surveyors. 

3d Q. Have you at any time heard any threats of vio¬ 
lence made by any portion of the people of the county, other 
than those you have already referred to, against the railroad 
company, its employees or friends ? 

3d A. I have heard them say that the railroad could 
never be built until the land question was settled; I heard 
Mr. Edmunson state that; I have heard such threats several 
times, but I cannot identify them at this time; the first mob 
referred to said that they had broke up a Joy office, and 
exhibited some of the papers, and said that they had left a 
note with his wife for him to leave within ten days. 

4th Q. Do you believe that any persons guilty of the 
injury to the property of the railroad company, or for out¬ 
rages against the persons of the members or employees of the 
company, or to breaking up land and proving-up offices of the 
railroad company, by any of the so-called Land League, could 
have.been successfully arrested, tried, convicted and punished? 

4th A. It is not my impression that they eould have 
been. 

By A. Sanford: 

5th Q. Why do you think so, when the civil officers of 
this county have had the United States army to assist them 
for the last six months ? 

5th A. I understood the question to refer to a time prior 
to the arrival of the troops; I believe that a successful arrest 
and prosecution can be had now. 

6th Q. Why did you not, as a good citizen, make com¬ 
plaint before the proper officer as soon as the troops arrived? 

6th A. At the meeting of the board of the county com¬ 
missioners, in July, I brought the complaint before them; 
Mr. Bitter, our county attorney, objected to their taking 
action on it; the board made out an order, and placed it in my 
hands, to be delivered to the men that robbed me of those 


% 


89 


J \ 


rolls, for them to deliver them within two weeks, or they 
would be prosecuted; I told the commissioners that I was 
ready at any time to furnish the necessary information; I 
have never been called on for it since. That is the reason, as 
I consider it already in their hands. 

7th Q. Did not Mr. Bitter tell you at that time, that the 
proper way for you to do was to make a complaint before a 
justice of the peace, and that he was ready to prosecute ? 

7th A. Mr. Ritter did not tell me so. 

8th Q. Did he tell any one else so, in your presence, and 
did you not say that you would have nothing to do with the 
prosecution unless the board of commissioners acted upon it ? 

8th A. The commissioners demanded of Mr. Ritter as to 
how they should proceed; Mr. Ritter told them that I would 
have to go before some justice of the peace, and file the neces¬ 
sary information ; I have no recollection of Mr. Ritter saying 
that he was ready to prosecute, nor have I any recollection 
of saying that I would not prosecute if the commissioners 
did not act on it. 

9th Q. Did you ever make complaint before any justice 
of the peace or the county attorney for the purpose of prose¬ 
cuting any of the parties you have mentioned ? 

9th A. I did not. 

10th Q. Were you a candidate for re-election at the last 
November election? 

10th A. I was on the law and order ticket ? 

11th Q. Were you elected? 

11th A. I was not 

12th Q. Where have you held your office since the 
removal of the county seat to Columbus ? 

12th A. All the office I have had I have had at Coluipbus. 

13th Q. What portion of the time have you been at the 
county seat personally, to attend to the duties of your office ? 

13th A. Up to the last of December, probably one-fifth 
of my time. 

14th Q. The other four fifths of your time did you have 
a deputy to attend to your office at Columbus ? 

14th A. I did not. I did not really have an office here, 
as I have not been furnished an office yet. 


f 


90 


15th Q. Did you come here to-day to testify before this 
Committee, and if so, at whose instance and request. 

15th A. I did not. I have been here excepting what 
time I was gone to Topeka, to settle with treasurer, and 
Sabbaths since the latter part of December. 

16th Q. State whether or not all the troubles you have 
mentioned have not grown out of the land question, and 
state whether or not the citizens of this county are peaceably 
disposed and law abiding generally ? 

16th A. I believe that the troubles have all arose out of 
the land difficulty; I believe that a majority of ,the citizens 
of this county are law abiding people. 

By J. H. Snead : 

17th Q. Do you believe at this time that there exists 
any necessity for United States troops on the Neutral Lands ? 

17th A. I am under the impression that they had better 
stay. 

18th Q. Why do you think that the necessity still exists ? 

18th A. I thought so from the feelings and conversations 
of the people ? 

19th Q. What do you mean by the feelings and conver¬ 
sations ? 

19th A. I don’t know how much better to express myself; 
just the spirit manifested in conversation between parties. 

20th Q. Have you heard any one threaten that if the 
troops are removed, they will commit depredations upon the 
railroad company, their employees or property, and if so, who 
were they ? 

20th A. Personally, I have not. * 

By Mr. Sanford : 

21st Q. By whom was that abstract signed, and of what 
was it an abstract, and from what records was it taken ? 

21st A. It was signed by J. T. Cox, with a certificate 
attached to it, certifying to the lands and the date of the 
patents. 

22d Q. Who made the certificate, at what land office was 
it located, and what was the purport of the certificate ? 


91 


22d A. Mr. John T. Cox, representing himself as being 
the agent of the Border Tier Railroad, or J. F. Joy, I am 
not certain which ; it certified that the foregoing was a true 
statement of the land lying in Cherokee county, patented to 
J. F. Joy. v 

23d Q. Who* delivered the certificate to you, and for 
what purpose was it so delivered, and what use did you make 
of it? 

23d A. It was delivered to me by a Mr. Shockley, ot 
Baxter Springs; he told me that it was to have them put on 
the tax roll; I did not make any use of it. 

24th Q. Did you not try to have the township trustees 
assess the list of lands mentioned in the abstract to Mr. J. F. 
Joy or the railroad company? 

24th A. I did not; I was instructed by some of the com¬ 
missioners to go ahead and make out a list of the lands in 
the different townships, and deliver them to the trustees of 
the township for assessment. 

25th Q. Was not that instruction given at your solicita¬ 
tion, and did you not go to Baxter Springs and get the 
abstract from Mr. Shockley ? 

25tli A. It was not given at my solicitation; I submitted 
the case to them to know what I should do with it, and to 
know whose business it was to furnish the abstract; they 
said they did not know whose business it was to do it, but 
told me to do it; that they might as well pay me as any one 
else; as to the other question, I had no intimation that they 
were coming until Mr. Shockley told me that he had them 
for me. 

26th Q. Which of the commissioners gave you the in¬ 
structions you refer to? 

26th A. R. W. Raggeis. 

27th Q. Why did you not go to the county attorney to 
ascertain who was the proper person to furnish a list of land 
in the county that had been patented ? 

27th A. I did not consider it my duty; I went to him to 
inquire whose duty it was to furnish an abstract to the trus- 


92 


tees; lie gave me no direct answer, but gave it as his opinion 
that it was the county clerks place. 

JAMES J. GOODNEK, 
Treasurer of Cherokee County. 
Committee adjourned until to-morrow morning, nine 
o’clock, A. M. 


Committee met pursuant to adjournment, February 12th, 
1870. 

Mr. J. T. Davis being duly sworn according to law, de- 
poseth and saith: My age is thirty-eight years; I live in the 
town of Columbus, Cherokee county, Kansas; have lived 
there about three years; my occupation is a farmer. 

By Mr. Sanford: 

1st Q. Are you acquainted with Johnson Virtue ? 

1st A. I saw him once. 

2d Q. Were you present at Columbus when the men who 
had been engaged in hauling stone were paid off by the rail¬ 
road company, and if so, state all you know about any dissat¬ 
isfaction on the part of the men, and the cause of it? 

2d A. JSTo, I was not here. 

3d Q. State whether or not the railroad employees quar¬ 
ried and took from your claim any stone to be used in the 
construction of the railroad, and if so, was it with your con¬ 
sent ; state fully all you know about it. 

3d A. 1 think they took about three hundred loads 
without my consent; I notified them before they moved the 
rock to let it alone; I told them all the time they were 
there that just as soon as got able I would see whether they 
had any authority to move the rock; I was sick at the time. 

4th Q. Did Johnson Virtue, Charles Groves, or any other 
agent or contractor of the railroad company, make any con¬ 
tract with you or pay you anything for the stone, and if so, 
how much ? 



93 


4th A. They never paid me “ nary dime ,” and there never 
was no contract with any one for it; I told Johnson Vir¬ 
tue three times that I would make no contract with him 
while he was there; I never made no contract with him. 

5tli Q. Do you know of their hauling stone, camping upon 
or cutting timber on any other claims in your neighborhood 
without the consent of the occupant, and if so, whose claims? 

5th A. There were eight men camped on Amos Sanford’s 
claim; there was timber cut, but I did not see them cut it > 
they hauled stone from Anthony Pitzer’s claim; I also saw 
them hauling from Peter Todd’s claim. 

6th Q. State whether or not they claimed to have the 
right to take stone wherever they could find it, without f 
regard to the claim of the settlers. 

6th A. Yes, sir; they did. 

7th Q. Are you acquainted with the character of J. R. 
Edwards for truth and veracity in the neighborhood where 
he resides, and if so, is it good or bad ? 

7th A. No; I know nothing about him only from the 
statements of others; even his own friends give him bad 
names; I never heard any good about him as I know of; his 
reputation, by general report, is bad. 

By Le Due: 

8th Q. You say you have never heard anything about 
Mr. J. R. Edwards; did you ever hear any one say that he 
would lie, steal, or commit any other unlawful act ? 

* 8th A. Have heard people say that he would lie. 

Q. What general reports cause you to think Mr. Edwards* 
character is bad ? 

8th A. He is very often drunk. 

9th Q. Well, is that all of the reports you can think of? 

9th A. I form my opinion on just what others say, viz : 
that he is very often drunk and raising a fuss. 

10th Q. Is he apt to be quarrelsome or raise a fuss, when 
he is not drunk ? 

10th A. I do not know. 


J. T. DAVIS. 


94 


Mr. Hannibal Scovell, being duly sworn according to law, 
deposeth and saith: 

I am twenty-seven years of age; I reside in Columbus, 
Cherokee county, Kansas; have resided here about two years 
and six months; I am in the mercantile business. 

By E. H. LeDuc : 

1st Q. Do you know of any unlawful acts being com¬ 
mitted by the people of this town or vicinity; if so, what 
were those acts, by whom, and when committed ? 

1st A. Yes, sir; I do know of unlawful acts being com¬ 
mitted ; sometime about the first of May, 1869, I had a 
building in my possession, belonging to Mr. Lee; a man by 
the name of Sidney Smith asked me to open the door and let 
him in, that there was something in the house that he wanted; 
while we were in there talking, Amos Sanford, J. N. Bitter, 
and a man by the name of Soveren, came into the house 
carrying books, tables, and chairs, as they came in Sidney 
Smith stepped to the door and took possession of the key, 
and handed it to Amos Sanford, told him there was the key 
to his office; he then turned to me and said that he thought 
that that was the best way to get possession, as they did not 
want to take the key from me by force ; I then left the room, 
and left them in possession. 

2d Q. Were you ever ordered to leave this place; and if 
so, who ordered you to leave, and what threats were made 
towards you, if any, and when did it occur? 

2d A. I was ordered to leave this place by Sidney Smith, 
He said that we were known here as Joy’s agents, that wo 
had better pack up and leave, and that when we went we had 
better go in the night and be sure and not go by the way of 
Erie to tell Mr. Lee that his buildings had been taken posses¬ 
sion of; that if we did, whenever we came back, we would 
suffer the penalty. This happened between the 15th and 
24th of May, 1869. 

By Mr. Sanford. 

3d Q. For what purpose did Sidney Smith take posses¬ 
sion of the building you refer to? 

3d A. I do not know. 



95 


4th Q. Did he not tell you at the time that he wanted it 
for the use of the county officers, and did you not say that 
you did not care a damn ? 

4th A. The remark might have been made, but I don’t 
think that it was made by me; I don’t recollect of answering 
that I did not care a damn, and don’t think that I did. 

5th Q. Did you object to his taking possession, and to 
the house being used for county purposes ? 

5th A. 1 did not before he took it. 

6th Q. Did you at the time, or any time afterwards? 

6th A. I did not. 

7th Q. Do you swear that I or Mr. Ritter carried any 
books into the house before Capt. Smith gave me possession 
by delivering the key ? 

7th A. When Mr. Smith delivered Mr. Sanford the key, 
Mr. Sanford was standing inside of the door, with some 
books on his arm. 

8th Q. Did you ever make any complaint before a justice 
of the peace, in order to procure the arrest of any of the 
parties for any violation of law you have mentioned? 

8th A. I never did ; I was merely an agent for Mr. Lee, 
and I made my complaint to him; whether he did or not, I 
do not know. 

9th Q. Do you know of any instance in this county 
where civil officers have been resisted in the execution or 
service of process, and if so, when and where was it? 

9th A. I do not know of any instance. 

10th Q. Were you not, in the month of March last, 
arrested upon a charge of maliciously shooting a domestic 
animal ? 

[E. H. Le Due objects to witness being called upon to 
answer this question.] 

Witness .—It does not require an answer. 

11th Q. Did not you, J. N. Lee and others, agree and 
publish in a printed circular that you would furnish a tempo¬ 
rary building for the use of the county officers, upon condi¬ 
tion that the people would vote for Columbus for the county 
seat of Cherokee county? 


96 


11th A. Wo did. 

12th Q. Did you ever comply with your agreement? 

12th A. As far as I know, the agreement was complied 
with ; I complied with my part, as long as I was asked to. 

13th Q. What building did you help furnish for that 
purpose ? 

13th A. Frederic Fry’s and J. N. Lee’s. 

14th Q. How much did you pay for that purpose ? 

14th A. I do not recollect how much. 

15th Q. Did you ever pay anything ? 

15th A. Yes, sir. 

16th Q. Did not S. S. Smith buy of you and furnish for 
the use of the county officers a building, because you and the 
others refused to make any provisions for a building to be 
used exclusively for the county officers ? 

16th A. He did buy a building of me, and had the county- 
offices moved into it; but not because we refused to furnish 
rooms for the county officers. 

17th Q. Have you not, in your store, heard threats of 
violence against the editor of the Workingman’s Journal, or 
the printing office, since the arrival of troops here; and if so, 
what were the threats, and by whom were they made? 

17th A. T never heard any such threats. 

By E. H. LeDuc : 

18th Q. Is there in your county an ill-feeling existing 
between the people, that would be likely to lead, to violence if 
the soldiers were removed from among them ? 

18th A. I think there is. 

By Mr. Sanford: 

19th Q. Wliat kind of violence, upon whom, and by 
whom would it be committed. 

19th A. I don’t know as I could answer what kind ; it 
would be those opposed to building the railroad upon those 
in favor of the railroad. 

20th Q. What is the cause of the ill-feeling in the 
county, that you refer to ? 


✓ 


97 


20th A. It grows out of the difficulty of the land ques¬ 
tion. 

21st Q. Aside from the ill-feeling occassioned by the 
pretended sale of the Neutral Lands to J. F. Joy, are not the 
people of Cherokee county as peaceably disposed, orderly and 
law abiding as citizens of other counties ? 

21st Q. If it was not for that land question I suppose 
they would be here like they are in other places. 

22d Q. Do you know of any ill-feeling on the part of 
the people except that which grows out of the land contro¬ 
versy? 

22d A. I don’t know that I do. 

HANNIBAL SCO YELL! 


Baxter Springs, February 11, 1870. 

C. M. Taylor, Who being first duly sworn according to 
law, deposeth and saith: 

I am twenty-four years old; I live in Baxter Springs, Kan¬ 
sas ; my occupation is that of painter, am at present city mar¬ 
shal of Baxter Springs Cherokee county, Kansas; have been 
city marshal of this place near two years. 

By J. T. Burris : 

1st Q. Have you witnessed any acts of .lawlessness upon 
the part of any portion of the people of the Cherokee N eutral 
Lands against 'the railroad company or any of its agents, 
officers, or other employees ? 

1st A. All that I have seen of the railroad company be¬ 
ing disturbed, or its employees, was, I think, in February, 
1869, at the time of a raid upon Joy’s railroad land office at 
this place. 

2d Q. Who were the parties, as far as you know, and 
where were they from who made the raid on this place and 
against the railroad land office ? 

2d A. To the best of my knowledge, the most of them 
were from Cherokee county, some from Crawford county; in 
numbers they were about two hundred; William Graham, of 
7 


t 



98 


Wirtonia, was commander of the squad; I did not recognize 
but few of the party; among them were a Mr. Ludlow, Squire 
Willey, and McDonnell Robison; I don’t remember any more 
names now, but knew some others at the time. 

3d Q. At what time of the day or night did that party 
arrive, were they armed, and what did they do ? 

3d A. They arrived just about daylight; they were 
armed with pistols or guns, some with both; they first made 
a movement on Joy’s land office; there they failed to find any 
papers at the office; they then went to the rooms of W. B. 
Shocliley and John Cox; they arrested them and demanded 
the papers belonging to that office; they refused to give them 
up, stating, I think at the same time, that they were in the 
bank, the door was locked and the banker was gone; they 
then made a search for Mr. Yan Winkle, the banker; they 
arrested him and demanded the key to the bank, on his 
refusal to give it up they would hang or' shoot him or use 
some violence; Mr. Graham, in command of the party, stating 
that it was a bank organized under the United States law, 
that he would not take the responsibility of using violence \ 
at the time I came to the bank some of the Leaguers were 
standing with their pistols cocked over the prisoners; at that 
time the street was full of horsemen, some sitting on their 
horses with their guns and pistols cocked; they were ordered 
out of town by the justice of the peace, Mr. II. T. Sumner, 
and sheriff Seright; at the same time Seright and myself 
were gathering the citizens together for deft nse; shortly 
after this they moved out of town saying, at the same time, 
that they would go and reorganize, elect a new commander, 
and come back; during the time they were here a party made 
an assault on the printing office, telling them that they had 
come to give them warning that if they did. not change the 
sentiments of the paper the next time they came they would 
destroy the press; they threatened that if we did not stop 
Joy’s land office they would burn the town; they said that if 
it had not been for high waters they would have had seven 
hundred men, as they expected reinforcements from Craw¬ 
ford county; who did not come. 


i 


99 


4th Q. Do you believe that, prior to the arrival of troops 
on the Neutral Lands, members of the organization called 
Land Leaguers, who were guilty of burning railroad ties, or 
of destroying other railroad property, or of driving off or 
intimidating engineers, laborers or other railroad employees, 
could have been arrested, tried, convicted and punished for 
such offense? 

4th A. I do not. 

5th Q. Do you believe that work on the railroad through 
the Neutral Lands could have been successfully prosecuted 
but for the presence of troops ? 

5th A. I think it could have never been done. 

6th Q. Was the railroad land office at Baxter Springs 
ever reopened after the raid was made of which you have 
already spoken ? 

6th A. It never Was, to my knowledge; Mr. Sumner 
took a few affidavits as to time of settlement, not as an officer 
of the company but as a Justice of the Peace. 

7th Q. 1)0 you, of your own personal knowledge, or from 
the admissions of those engaged therein, know of any other 
outrage against the railroaa employees, or of the burning or 
destruction of railroad property ? 

7th A. Not of my personal knowledge. 

By J. H. Snead. 

8th Q. Did you, or any ministerial officer, or peace 
officer, or United States Marshal attempt to make any arrest 
of any of the parties who were engaged in this raid ? 

8th A. No, sir; n'one, to my knowledge. 

9th Q. When justice Sumner and sheriff Seright ordered 
this party to leave the town, did they go, or was it by com¬ 
mand of Graham, their commander? 

9th A. They paid very little heed to Summer and Seright; 
the general impression is that they went by the orders of Mr. 
Graham. 

10th Q. Did any one refuse, by any words that you 
heard, to go at the command of Summer and Seright. 

10th A. They did not; they made sport of it. 


100 


11th Q. Did Graham refuse to go, when ordered by the 
peace officers? ^ 

11th A. Not to my knowledge, by words, but did not go 
for half an hour, to the best of my judgment. 

12th Q. Since you have been in office have the courts in 
this county been kept open, so that processes could have been 
issued, if called for ? 

12th A. I suppose that courts were open, so that pro¬ 
cesses could be issued. 

13th Q. Do you know any citizen of this county who has 
resisted any ministerial officer in making an arrest; and if so, 
under what circumstances ? 

13th A. I have known only one where process was issued 
and the papers were placed in the deputy sheriff’s*hands; the 
parties, when the warrants were read, refused to go, stating 
that there was no law when the process was issued; they put 
their revolver^,on; one of them first stated to the officer that 
there he was, to take him if he could; the other man was 
off a short distance, drew his revolver and swore to his 
brother to never surrender. The order of arrest was issued by 
the justice of the peace of this place, against the Douglass 
brothers, Wirtonia, and the charge was for being in the raid 
on the land office; there was a warrant against some seven or 
eight; some for assault against Dr. Bailey, (I am not sure 
which offense this was for,) and some for the raid spoken of; 
finally, after they had resisted as described, the sheriff being 
about to leave, they consented to go with him, stating that it 
was as good a thing as the officer wanted for them to resist; 
a crowd of Leaguers resisted the sheriff at. a meeting at Co¬ 
lumbus, sometime in the spring of 1869; when squire Sumner 
was on the stand, he was assaulted by the Leaguers, by 
throwing coal, and drawing pistols, swearing that he should 
not speak; the sheriff attempted to arrest some parties, but 
had to desist, on account of the drawing pistols by members 
of the League; the parties that drew their pistols were 
strangers to me; it was called as a law and order meeting; 
but the Leaguers swore that no d—d railroad man should 
speak. 


101 


l^th Q. Did the sheriff call on you, or any one, to assist 
him ? 

14th A. I don’t know. 

15th Q. What was done with the Douglass boys, after 
their arrest ? 

15th A. They came do^n and were bound over to appear 
at court; after court met they were discharged without trial, 
when Mr. J. N. Bitter was county attorney. 

16th Q. Was any other person, connected with the raid, 
arrested for the offense, and if so, were they discharged or 
convicted ? ’ 

16th A. There were five or six for the offenses above 
stated, who were bound over to court and were discharged 
without trial, while Mr. J. N. Eitter was county attorney. 

17th Q. Do you believe that a jury could be found in this 
county that would find any person guilty, if so proved in the 
courts, of any crime against the railroad company, or its 
employees or property ? 

17th A They can be found. 

By J. T. Burris. 

18th Q. Do you believe ‘that a jury made up wholly or 
largely from members of the League, would convict a fellow 
member of the League for outrages against the railroad com¬ 
pany, its employees or property ? 

18th A. I am confident they would not. 

19th Q. Do you believe that the sheriff of the county, 
with all who would have obeyed his order, could have arrested 
the members of the League who took possession of the 
meeting, at Columbus, of which you have spoken? 

19th A. 1 do not. 

20th Q. Do you know of Senator Voss, of Fort Scott, 
being forcibly driven by the Leaguers from the meeting at 
Columbus of which you have spoken ? 

' 20th A. I do. 'Mr. Yoss came there to speak at that 
meeting; it was discovered by his friends that he was in 
danger by staying there; a small party of twelve or fifteen, 
from this place, assisted him in getting away, under a shower 
of stones and one or two pistol shots by the Leaguers. 


102 


By J. H. Snead: • 

21st Q. How do you know that those men were Land 
Leaguers ? 

21st A. They claimed themselves to be Leaguers. 

22d Q. Did they tell you that they were Leaguers ? 

22d A. I heard a good many of them make the remark 
that they were Leaguers. 

23d Q. After the Leaguers took possession of the meet¬ 
ing, who were its officers? 

23d A. C. C. McDowell was the president; I think he 
was ; further than that I can’t state. 

24th Q. Were the Hon. Amos Sanford and County At¬ 
torney Hitter members of that meeting? 

24th A. They were. 

25th Q. Who called the meeting to order? 

25th A. The Leaguers. 

J. T. Burris: 

26th Q. Did you, on that occasion, or at any other time, 
hear any threats or declarations made against the railroad 
company, its employees or property, by the Hon. Amos 
Sanford ? 

26th A. I can’t say positive, as to that time, but have 
heard him make the assertions that the railroad could not be 
.made through his county; that he would protect his home by 
the point of the bayonet; that no railroad company could 
enter or cross his claim. 

C. M. TAYLOR, 

City Marshal . 


J. D. McClure, who being first duly sworn, deposetli and 
saith: 

I am forty-four years old; live at Baxter Springs; occu¬ 
pation, a physician ; have lived here three years. 

By J. H. Snead. 

1st Q. Was you in this place some time in February, 
when a raid was made upon James F. Joy’s lard office, and 
if so, do you think that the demonstration made was against 
any other persons or property than the land office ? 



103 


1st A. I was here during the time of the raid, and be¬ 
lieve that there was no demonstration against anything but 
the land office, to obtain the papers of that office. 

J. D. McCLURE. 


Geo. W. Weaver, who being first duly sworn, deposeth 
and saith: 

I am thirty-two; live in Baxter Springs; occupation, a 
druggist; have lived here two and a half years. 

By J. T. Burris: 

1st Q- Do you know of any railroad property being 
burned or destroyed in this county, and if so, what property, 
and when and where destroyed ? 

1st A. I know of between twenty-six and twenty-seven 
hundred railroad ties being burned; they were burned on 
Spring River, in this county, about eight miles northeast of 
this place, on what is known as the Lumly claim, now owned 
by Ingraham, Weaver & Co., tie contractors; they were 
burned in the spring and summer of 1869 ; I know nothing of 
my own personal knowledge who burned them; I believe, 
from information gained through members of the Land 
League, that they were burned by the League, and by order 
of Col. Vincent, now sheriff of this county; a member of the 
League,—at least he told me that he was a member,—stated 
that he was present at a burning of a portion of the ties, and 
that they were burnt by members of the League; he refused 
to give any names, stating that he dare not do so; I do not 
feel at liberty to give the name of my informant. 

2d Q. Do you know of any threats having been made by 
any of the members of the League, to burn ties or to destroy 
other railroad property, or do injury or offer violence to rail¬ 
road men, or friends of railroads ? 

2d A. I have been told by men claiming to be members 
of the League, that they would burn all our ties, or as many 
of them as we should attempt to get out, at the same time 
advising us to quit. 



104 


3d Q. Were you present when the raid was made on the' 
railroad land office here ? 

3d A. I was. 

4th Q. Could the sheriff or city marshal, with other 
ministerial officers here present, have arrested the raiders ? 

4th A. I do not think they could have been arrested; 
they were about two hundred in number, all armed. 

By J. H. Snead : 

5th Q. Bid any officer make any attempt to arrest any 
of the raiders? 

5th A. Not to my knowledge. 

6th Q. Bid you, by threats or promises, obtain the^ infor¬ 
mation from the party, who you are not at liberty to give the 
name, of the burning of your ties, and, if so, what were the 
threats or promises? 

6th A. There were no threats nor rewards offered; I did 
promise to withhold his name. 

7th Q. Bid this party tell you the ties were burned by 
order of Col. Vincent? 

7th A. He did not tell me so, but said all orders of that 
kind emanated from him. 

G. J. WEAVER. J 


J. W. Hightower, who, being first duly sworn, deposeth 
and saith: 

I am a resident of Baxter Springs; my age is thirty-five 
years; my occupation that of merchant; have lived here since 
November, 1868. 

By J. H. Snead: 

1st Q. Were you present in this place in February, 1869, 
when a raid was made upon James F. Joy’s land, office, and 
if so, did you see any resistance made by any of the raiders 
against any ministerial officer, peace officers, city marshal, 
United States marshal, in the discharge of their duties? 

1st A. I did not. 

2d Q. Bo you believe there ever did exist the necessity of 



105 


United States troops to be stationed on the Neutral Lands, 
and if so, whether that necessity still exists? 

2d A. I think there never has been any such necessity. 

J. W. HIGHTOWER 


John A. Stephenson, who, being first duly sworn, deposeth 
and saith: 

I live in Checo, Cherokee county, Kansas; am forty-five 
years old; my occupation is that of a farmer; have lived on 
the Neutral Lands over three years. 

By J. T. Burris: 

1st Q. Ho you know of any acts of violence, or threats 
of violence, by any portion of the people of the Neutral Lands 
against the railroad company, or any of its employees or its 
friends ? 

1st A. I have had a contract for getting out railroad ties; 
I have been asked to suspend the work or abide the conse¬ 
quences by two different committees of the League—first a 
committee of one, then of three. 

2d Q. Hid they state by whose order or authority they 
were acting? 

2d A. They said that they were acting by order of the 
League; they told me that the assessors or county commis¬ 
sioners would not assess damage in this county as they had 
done in Crawford county, because people were all turned out 
in this county to getting out ties; that was the reason they 
gave me for having the work stopped. 

By J. H. Snead: 

3d Q, Ho you know of any railroad ties burnt in this 
county ? 

3d A. I do; I saw some burning, but do not know T who 
burned them. 

4th Q. At what time did you receive the notification to 
quit making ties ? 

4th A. I have kept no account, but think it was in 
August or September, 1869; it was before the troops came. 

5th Q. How many ties had you made at that time; did 


t 



106 


you make any after that time, and if so how many, and 
whose land were these ties made upon, and did you have any 
ties burned? 

5th A. I had about four thousand; I made some after 
that time; we are making ties yet; in all about twenty thou¬ 
sand ; they were made on forty or fifty different men’s land 
on what is called the Neutral Lands ; I had but a very few 
ties burned, not to exceed twenty. 

JOHN A. STEPHENSON. 


J. E. Williams, who being first duly sworn, deposeth and 
saith: 

I am twenty-eight years old; I live in Baxter Springs; 
my occupation is that of a merchant, and am postmaster of 
this place. 

By J. H. Snead: 

1st Q. Were you present at a meeting in this county 
held at Columbus, held there about April, 1869, and did you 
see Senator Yoss there, and if so was he driven away, and if 
so by whom, and did officer Seright make any attempt to 
make the arrest of any person or persons, or call upon the 
citizens to assist him in making arrests? 

1st A. I was there at the meeting, and saw Senator Yoss 
at said meeting; I do not think that he was driven away, but 
that he left from the advice of his friends, under the supposi¬ 
tion that there would be danger to him personally if he staid 
and spoke at said meeting, as was intended; Mr. Seright 
did not make any attempt to arrest anybody; I was on the 
ground almost all the time, nor did he call upon any citizens. 

2d Q.. Did you see or hear any pistol discharged, or stones 
thrown ? 

2d A. I saw a pistol shot up in the air, but think it was 
turned in another direction from Yoss. There was also some 
tufts of grass and some stones thrown towards Yoss, but he 
was so far off that there was no man in the county could have 
hit him from where they were; there was one boy agoing to 
throw, but I caught his hand. Mr. Yoss retreated in great 
haste and appeared to be very much demoralized. 



107 


3d Q. Do you think there ever existed the necessity for 
United States troops to be stationed on the Neutral Lands to 
protect the railroad company, or its employees or property, 
and do you believe the civil law could be enforced on the Neu¬ 
tral Lands? 

3d A. I do not think there has ever been a necessity for 
troops in the Neutral Lands, but do think that a good, efficient 
county sheriff could have made alj the arrests required by law, 
and rendered all the protection necessary for the railroad 
company, its employees and property. 

J. E. WILLIAMS, P. M. 


J. W. Davis, who being first duly examined and sworn ac¬ 
cording to law, deposeth and saith : 

I am 52 years old; I reside in Baxter Springs; am by oc¬ 
cupation a lawyer; I have lived in Cherokee county since 
November, 1868. 

By J. T. Burris : ' 

1st Q. Do you know of any acts of violence or threats of 
violence being made by any portion of the people of this 
county against the railroad company, or any of its employ¬ 
ees or property ? 

1st A. I have heard threats made hypothetically against 
the building of the railroad through this county, or in other 
words, I have heard say that Mr. Joy could not build his rail¬ 
road through this county until this land question was settled 
with the settlers. I know of no violence being committed on 
Mr. Joy, or his railroad employees. 

2d Q. Do you know of any railroad employee, or agent 
of the railroad company or Mr. Joy, being forcibly driven 
from their home or place of business by citizens of this coun- 
ty? 

2d A. I don’t, from my own personal knowledge. 

3d Q. Were you forcibly driven from Columbus, in this 
county, by the so-called Land Leaguers, in the spring or sum¬ 
mer of 1869 ? 



108 


3d A. Yes sir! I was so driven by persons so styling 
themselves Land Leaguers, and know them to be Land Lea¬ 
guers. 

4th Q. Why were you thus driven from Columbus by 
Land Leaguers, in the spring of 1869 ? 

J. W. DAVIS. 

[Here the witness wanted to make so much of an explana¬ 
tion that the committee could not wait; the witness insisted 
vehemently that we should proceed to take his testimony.— 
John K. Wright,' Secretary of Committee.'] 

Committee adjourned at Baxter Springs, and went to 
Columbus at 3 p. m., February 11. 


\ 


John Runk, jr., who being first duly sworn according to 
law, deposeth and saith : 

I am thirty-five years old; by occupation, a civil engineer; 
live at Fort Scott, Kansas. 

By J. T. Burris: 

1st Q. Do you know of any acts of violence, or threats 
of violence, having been committed or made against the 
Missouri River, Fort Scott & Gulf Railroad Company, or any of 
its contractors or employees on the Cherokee Neutral Lands, 
in the year of 1869, prior to the arrival of United States 
troops ? 

1st A. I do; on or about the 29th day of April, 1869, I 
-was directed to make a rapid survey through the Neutral 
Lands; we had accomplished our purpose, and on our return 
from our camp at the head of Cow Creek, we were overtaken 
and surrounded by twelve or fifteen armed persons, who de¬ 
manded our surrender, and the turning over of our camp 
equipage, books, papers and instruments, including private 
property and everything pertaining to the railroad company, 
which property they made a bonfire of, unless it was our 
books, which I think they said they wanted to keep for 



109 


future reference; during the burning of the property, they 
surrounded the members of our party—the subordinates— 
inquired of them if they were in the employ of the railroad 
company, and who' their officers were, and upon a delibera¬ 
tion amongst themselves, announced to the employees that 
they should leave the Neutral Lands and never show their 
faces 'thereon again, under the penalty of death ; the employ¬ 
ees subscribed to that situation, and left; as for myself and 
J. A. J. Chapman, they said they would attend to our cases; 
they directed us to mount our horses, and they then marched 
us off in a southeasterly direction from the place where they 
arrested us, for the distance of three or four miles; we were 
then joined by an acquisition of forces, amounting in all to 
about twenty persons; we were ordered to halt, and after a 
consultation they directed us to proceed in the direction we 
were going; after traveling about two miles, we were joined 
by three or four more; on the arrival of the third- party, we 
had orders to halt and dismount; they placed a guard over 
us, and directed us to remain until they had a consultation ; 
they held a “ squatters’ court,” after which they announced 
that they were ready to dispose of us—that they would give 
us what we deserved; the sentence was that we should 
receive five lashes from each member of the court; they said 
if it had not been for one man, they would have hung us; 
they blindfolded us, took off our coats, and proceeded to 
apply the lash to Chapman first; some one hallooed to “ give 
the other one some 1” so they changed on to me; they gave 
us fifteen lashes apiece; some one in the,crowd announced 
that that wmuld do, and directed their force to go on; they 
then took the blindfolds off from us, and with pistols aimed 
at us, directed us to leave without saying a word, and never 
show our faces on the Neutral Lands again, under the penalty 
of death, which we did. 

2d Q. What was the property of the surveying party 
which was burned and destroyed ? 

2d A. All of the instruments we had, camp equipages, 
including tents, blankets, camping chest and stores, and one 
wagon; the wagon was in the employ of the railroad com¬ 
pany, but belonged to a citizen; the instruments, tents and 


110 


commissary stores belonged to the railroad company; the 
blankets belonged to individual members of the engineer 
corps. 

By Amos Sanford : 

3d Q. Did you ever make any attempt to have the men 
arrested and prosecuted according to law ? 

3d A. Personally, I have not. 

4th Q. Did you in any other way ? 

4th A. I recommended it to the officers of the railroad 
company. 

5th Q. Do you know of the railroad employees going on 
the Neutral Lands armed and equipped? 

5'ii A. I never saw any on the Neutral Lands as the 
employee of the company who was armed. 

By J. H. Snead: 

6th Q. Do you know any of the party that arrested and 
maltreated you? 

6th A. I do not. 

7th Q. Did they say who they were ? 

7th A. They announced themselves as a committee of 
citizens of Cherokee county, and perhaps they included Craw¬ 
ford county. 

8th Q. Did you or did you not recognize any citizens 
from Fort Scott? 

8th A. I did not. 

By A. Sanford: 

9th Q. In what county did this happen ? 

9th A. In Crawford county. 

By J. H. Snead : 

10th Q. Could they haVe been citizens of Bourbon county 
and you not have known them? 

10th A. I am well acquainted in Bourbon county, and 
don’t think you could get that many citizens together without 
I would know some of them. 


JOHN RUNE, Jr. 


Ill 


Chas. E. McLaughlin, who being first solemnly sworn 
according to law, deposeth and saith: 

I am twenty-five years old; I am a railroad man, and live 
in Fort Scott. 

By J. T. Burris: 

1st Q. Were you present with the party of engineers 
under J. A. J. Chapman and John Bunk, on the line of the 
railroad in the Neutral Lands, when they were arrested in 
April, 1869? 

1st A. Yes, sir; I was. 

2d Q. Who arrested the party, and what did they do? 

2d A. We were arrested by a party of twelve or four¬ 
teen persons, who ordered us to halt, and then proceeded to 
burn our wagons, blankets and instruments, after which they 
ordered us to leave the Neutral Lands and never enter them 
again, in the employ of the railroad company, under the pen¬ 
alty of death; they took Chapman and Bunk south, and 
ordered us to leave, which we did. 

3d Q. Do you know any of the parties who arrested you, 
and were they armed? 

3d A. I do not khow the parties; they were armed— 
some with one revolver and some with two. 

By Amos Sanford: 

4th Q. Were you armed? 

4th A. We were not. 

5th Q. Have you been with the railroad engineers sur¬ 
veying through the Neutral Lands since that time? 

5th A. I have; until the twenty-fifth of November, 1869. 

6th Q. Do you know of the railroad employees being 
armed since that time, and if so, how, and how many of them? 

6th A. Yes, sir; some of them have had pistols and car¬ 
bines; perhaps ten or twelve of the party were so armed. 

7th Q. Were not the hands on the railroad armed and 
entrenched? 

7th A. About the hands, I cannot say as for that. 

8th Q. Do you know Henry Bichards? 

8th A. Yes, sir, I do. 


112 


9th Q. Was he not required to carry and use a gun, and 
stand guard occasionally at night ? 

9th A. As far as carrying and using a gun he asked for 
a gun, and was required to stand guard at night. 

10th Q. Who furnished him a gun ? 

10th A. I can’t say, but think it was the railroad com¬ 
pany. 

11th Q. Was not your party entrenched, and were not 
earthworks thrown up to protect the party from Leaguers ? 

11th A. Yes, sir ; we threw up an embankment at one 
time. 

12th Q. How many railroad employees were there all 
together who occupied the fort, and where were the troops? 

12th A. There was no railroad employees occupied this 
fort, or whatever he calls it, and the troops were camped 
about seventy-five rods to the southeast of it. 

13th Q. Did you ever attempt to ascertain the names, 
and have the party who arrested you prosecuted in the courts? 

13th A. Ho, sir; I did not; I don’t know their names, and 
it was not my business to attempt to have them prosecuted, 
at least I do not consider it such. 

14th Q. Do you know of any of the party making a 
complaint before any civil officer? 

14th A. I do not. 

15th Q. Was not the district court of Crawford county 
in session at that time ? 

15th A. I heard it was but could not swear to it. 

CHARLES E. MCLAUGHLIN. 


Mr. T. H. Annable, being duly sworn according to law, 
deposeth and saith: 

1st Q. Is this statement which you present to the Com¬ 
mittee correct? 

1st A. To the best of my knowledge it is. 

T. H. ANNABLE. 



113 




James M. Harvey, who being first duly sworn, according 
to law, deposeth and saith: 

I am thirty-seven years old; my occupation is that of a 
farmer. 

By Amos Sanford: 

1st Q. For what purpose were United States troops sta¬ 
tioned upon the Cherokee Neutral Lands, in 1869 ? 

1st A. For the preservation of peace and protection of 
persons and property. 

2d Q. By whose orders were they sent there, and upon 
whose application? 

2d A. They were sent there by the President of the 
United States upon my application; the order coming 
through the commanding general of the department, General 
J. M. Schofield. 

3d Q. What evidence did you have, if any, that the exe¬ 
cution of the civil law was successfully resisted, and that the 
civil officers were prevented from performing their duties ? 

3d A. I had the testimony of many citizens of the 
counties of Cherokee and Crawford, numbers of the civil 
officers, and especially certificates of the sheriffs of the two 
counties. 

4th Q. In what form was the evidence presented by 
citizens and officers other than the certificates of the sheriffs ? 

4th A. In various ways ; some by personal verbal repre¬ 
sentation ; some by letters and petitions, and by affidavit. 

5th Q. Did any of them show when a ministerial officer 
had been resisted while attempting to serve any process, or a 
judicial officer prevented from performing his duty, in any 
instance, and if so, when and where was it? 

5th A. I don’t remember all the circumstances set forth, 
either verbal or in writing, but there is a great mass of written 
evidence here w r hich will be presented to the Committee, 
setting forth the situation there, and representing the civil 
officers as being overawed by forces too strong for them to 
resist, and declaring their inability to perform their official 
functions. 


8 


114 




6th Q. What officers, if any, were specified ? 

6th A. I remember more particularly the sheriffs of the 
counties. 

7th Q. When were the certificates of the sheriffs received, 
and by whom were they presented ? 

7th A. I don’t remember definitely the time, but it was 
in the month of May, 1869. They came through the mail. 

8th Q. Were they both enclosed in one envelope, and 
where was it mailed ? 

8th A. I don’t remember. 

9th Q. When was the proclamation issued to the people 
of these counties, and at what time was the application made 
for United States troops ? 

9th A. The proclamation, I believe, was issued on the 
31st of May, the application about the same time, the latter 
part of May. 

10th Q. Why was it that an application for troops was 
made before it was known whether or not the people of these 
counties would obey the injunctions contained in the procla¬ 
mation ? 

10th A. Because a violent controversy was being carried 
on in those counties; outrages were of frequent occurrence; 
the civil officers had certified their inability to protect per¬ 
sons and property. I knew that it would be sometime before 
the application could be responded to, and the troops brought 
there, and that if in the mean time their presence had been 
rendered unnecessary, they could have been sent elsewhere. 

11th Q. Has any complaint of outrages been made to 
your office since the 31st day of May, 1869, and have you any 
evidence that any of the citizens have at any time refused to 
comply with injunctions contained in your proclamation? 

11th A. There have been complaints received since that 
date, but I cannot remember the exact date of the time the 
acts were committed; as I stated before, I cannot remember 
the date of the outrages; there have been no outrages since 
the troops have been sent there, that I have heard of. 

12th Q. Were any of the parties who made verbal com¬ 
plaints to you in any way connected with the Missouri Biver, 
Fort Scott & Gulf Bailroad Company, or Mr. Joy’s land office 
at Fort Scott j and if so, who were they ? 


115 


12th A. I think that some of the parties were connected 
with that railroad company ; Col. Johnson, of Johnson county, 
spoke to me once about it, and Col. Coats, of Kansas city; 
they are the only parties that I recollect of, except citizens 
of the Neutral Lands. 

13th Q. Who were the citizens you refer to, and where 
do they reside ? 

13th A. I cannot remember the names of them, but 
there has been numerous representations made all through 
the spring and early part of the summer. 

14th Q. Why did you not call out the militia to execute 
the laws, instead of making application for United States 
troops ? 

14th A. Because it would have involved the State in a 
great expense, and might have led to very unpleasant compli¬ 
cations, for the reason that the controversy involved the 
question of title to a large tract of lands, both the parties 
claiming to have title from different departments of the 
United States government; the question being susceptible of 
settlement only by the United States authorities, I deemed 
it proper to ask that the military representatives of the gov¬ 
ernment be sent there for the preservation of the peace, and 
the protection of persons f and property, until the question at 
issue could be settled by the proper authority. 

15th Q. What is the proper authority for deciding the 
question at issue ? 

15th A. That is not my province to determine; I am not 
a judicial officer. 

16th Q. At the time your application was made for 
troops, could the legislature of this State have been convened T 

16th A. I do not know; I did not try ; I presume it 
could; I did not deem it necessary. 

17th Q. State whether or not a large number of citizens 
of Crawford and Cherokee counties petitioned the Governor 
of Kansas, asking him to convene the Legislature by procla¬ 
mation, for the purpose of considering the matter, taking 
such action as might be necessary in the premises; and if so. 


116 


whether or not you refused to convene the legislature, and 
why you refused ? 

17th A. Last fall a petition was handed tome from some 
of the citizens of those counties, asking that I convene the 
legislature to take this matter into consideration; I refused 
to call a special session for that purpose, telling the bearer of 
the petition that the time would soon arrive for the annual 
session, when I would lay before the legislature, in my mes¬ 
sage, all that I had done and my reasons therefor. 

18th Q. Did not the bearer of that petition, at the same 
time present a petition from the citizens of Cherokee county, 
praying that a company of United States troops be stationed 
at Baxter Springs, to prevent the importation of Texas cat¬ 
tle into the county in violation of the laws of the State; and 
if so, what action was had thereon. 

18th A. I do not remember whether he presented such a 
petition or not; I remember that he talked vaguely about vi¬ 
olations of law in relation to Texas cattle, selling liquor and 
some other matters. 

19th Q. Do you not remember of telling Mr. Laughlin 
that the Texas cattle law was a good one, and that the peo¬ 
ple should resort to the courts to procure its enforcement ? 

19th A. I don’t remember of telling him that, but think 
it very likely I did. • 

20th Q. Were you not informed by other civil officers of 
Crawford and Cherokee counties By letter, that the represen¬ 
tations of the sheriffs were untrue, soon after the proclama¬ 
tion was published ? 

20th A. I believe that there were letters from at least one 
other civil officer of Cherokee county to that effect, but that 
letter contained statements which seemed entirely incompat¬ 
ible with his denial of the sheriffs’ statements; there may have 
been letters from other civil officers, denying the truth of the 
statements made by the sheriffs. I don’t remember definitely 
whether there were others or not. 

21st Q. Have you not since the second Tuesday in Jan¬ 
uary, 1870, received from the sheriffs of those two counties, 
certificates to the effect that they are able to enforce the law, 
without the aid of any military force ? 


nr 


21st A. I have received statements from those two sher¬ 
iffs, of something like that purport, I do not remember the 
exact terms of the certificates; I noticed a remarkable simi¬ 
larity of the certificates, about the only difference being that 
the authography of one being a little better than the other. 

22d Q. Why then hre troops still retained there ? 

22d A. Because, as I stated in my annual message, the 
Controversy that led to to the outrages, making their presence 
necessary is still unsettled, and I deem their presence condu¬ 
cive to the peace and prosperity of that portion of the State. 

23d Q. What have the troops been called upon to do 
since they were stationed upon the Neutral Lands, and what 
are the instructions given to the commanding officer. 

23d A. I do not know whether they have been called 
upon to do anything, I think their presence obviates the ne¬ 
cessity for any action on their part, I have never seen the 
instructions given to the commanding officer, but I requested 
that instructions be given him to take no part in the contro¬ 
versy as to title, but to assist the civil authorities to maintain 
the peace and protect persons and property; General Scho¬ 
field told me that such instructions were given; Mr. Clarke, 
member of Congress from this State, told me that when he 
was down there last fall he saw the instructions, and that 
they were to that effect. 

24th Q. Do you not know that General W. B. Hazen, com¬ 
mander of the troops, has taken an active part in the contro¬ 
versy through the public press ? 

24th A. General Hazen was not sent there with those 
troops, he was, as I understand it, the commander of the mil¬ 
itary district within which the troops belonged; in regard to 
his course concerning the matter of the controversy I know 
nothing except that last fall he sent me a letter requesting 
me to visit the Neutral Lands and address the people there 
concerning this controversy ; his letter was published, I know 
not by whose authority, it was not by mine; the letter which 
I received from him is on file in this office and will be laid 
before the Committee, together with my reply. 

25th Q. Do you not know that the troops have been sta¬ 
tioned along the railroad line, under orders issued by General 


118 


Hazen, and that they have been used solely in the interest of 
the railroad company, who claimed title to the Cherokee 
Neutral Lands, through a sale made by the Secretary of Inte¬ 
rior to James F. Joy, and a conveyance from Mr. Joy to said 
railroad company. 

25th A. No, sir; I only know that the troops were sent 
there for the preservation of the peace and the protection of 
persons and property, and their presence secures these objects. 

26th Q. How do you know that their presence secures 
these objects ? 

26th A. From the concurrent testimony of numerous par¬ 
ties to both sides of the controversy. 

By J. T. Burris: 

27th Q. Was the petition of a portion of the citizens of 
Crawford and Cherokee counties for the convening of the leg¬ 
islature in special session presented to you before or after 
the arrival of troops in those counties ? 

27th A. It was after the arrival of troops. 

28th Q. Who presented that petition ? 

28th A. Mr. Laughlin, of Cherokee county. 

29th Q. Was any statement made by Mr. Laughlin con¬ 
cerning any acts of lawlessness having been perpetrated by 
any portion of the people of those counties ? 

29th A. He said that there had been some acts of law¬ 
lessness; he likened it to the throwing the tea into Boston 
Harbor at the beginning of the revolution, was the compari¬ 
son he made; he admitted that various acts which I cited to 
him had been committed. 

30th Q. Who was the civil officer of whom you have 
already spoken, who wrote you a letter denying the state¬ 
ments of the sheriffs of those counties as to the inability of 
the civil officers to enforce the law and preserve the peace ? 

30th A. It was Amos Sanford, probate judge of Cherokee 
county. 

31st Q. Have you in your possession or under your con¬ 
trol the petitions, letters, copy of answers thereto, certificates 
of sheriffs and endorsements thereon to which you have tes¬ 
tified ? 

31st A. I have. 


JAMES M. HARVEY. 


DOCUMENTS RELATIVE TO THE TESTIMONY 
OF GOVERNOR HARVEY. 


Girard, Crawford County, Kansas. 

To His Excellency J. M. Harvey , Governor of Kansas: 

We, the undersigned, citizens of Girard and Crawford 
county, being convinced that the proper execution of the laws 
in our county is impeded, and in many instances entirely pre¬ 
vented by armed bands of lawless men, who are jeopardizing 
the lives of our county officers when in the discharge of their 
duties, would respectfully ask of Your Excellency such aid 
and protection as may be deemed advisable, but would urge 
upon you that some military force be sent here to aid our civil 
officers. These bands, which are distributed through Craw¬ 
ford and Cherokee counties, number some thousand men, and 
are thoroughly armed and organized, and avow their deter¬ 
mination to openly resist the execution of any civil process. 
The necessity is great and urgent, and we would respectfully 
request your prompt action, as these men are loud in their 
determination to persist in their conduct. 

THOMAS PAINTON, 


And sixteen others. 



120 


PETITION 

To Hi* Excellency James M. Harvey , Governor of the State of 

Kansas: 

We, the citizens of Baxter Springs, and the peaceable and 
well-disposed settlers on the Neutral Lands, hereby represent 
that a state of affairs exists on the Neutral Lands that is 
truly alarming, viz: There is a large body of men banded 
together by the strongest oaths—a secret society, called the 
Land League; they have a thorough and complete military 
organization j they are arming themselves, and drilling in 
open day, and collecting all the arms and munitions of war 
they can find in the county; they are sw r orn to execute the 
orders of their officers, beyond the civil law, and are driving 
out citizens who proved up title to lands under Mr. Joy, and 
all who will not join their League; they are roaming the 
county over at night, in armed bands, exiling persons; also, 
the officers of the law, as in the case of the deputy county 
clerk, Davis, a very peaceable and quiet citizen; they threaten 
daily to burn the town of Baxter Springs, a town of nearly 
two thousand inhabitants; not over a month ago, they made 
their appearance in our streets about daylight, numbering 
about two hundred armed men, demanded the books and 
papers of Mr. Joy’s office, threatened the demolition of the 
printing office of this place unless it changed its tone favora¬ 
ble to their interests; the officers of the law are paralyzed, 
and are living in bodily fear; justice is set at nought; the 
citizens are afraid to sleep in their houses at night; imigrants 
are deterred from locating in the county; business is stag¬ 
nant; people are afraid to make investments or improvements; 
complete terrorism pervades the community, and the leaders 
of the League commit overt acts with perfect impunity, 
without fear of punishment from the law; the citizens of 
Baxter Springs, for the last six weeks, have been forced to arm 
themselves, and keep a patrol on the streets and outposts of the 
town nightly, to prevent an invasion. Furthermore, we think 
that ere long, if there is not some steps taken by the State au¬ 
thorities to quell these disturbances of the peace, that a collis¬ 
ion will take place that will result in much bloodshed. 


121 


Now, thereforo, we pray Your Excellency that you will 
use such means as your judgment and wisdom shall dictate, 
as will better insure the citizens of this county in the quiet 
enjoyment of the blessings of peace in the homes of their 
adoption, and for which your petitioners will ever pray. 

W. M. MATIIENY, 

Mayor of Baxter Springs , 

And one hundred and six others. 


STATE OF KANSAS,) 

Cherokee County. } 88 

On this 25th day of March, A. D. 1869, personally came 
before me, Henry S. Sumner, a justice of the peace in and 
for the county aforesaid, Wm. B. Shockley, clerk of the dis¬ 
trict court of Cherokee county, and on oath says: That, on 
the 10th day of February, A. T>. 1869, he was arrested in the 
city of Baxter Springs, by an armed body of men, numbering 
two hundred and twelve, which body of men styled them¬ 
selves the Cherokee Neutral Land League, under the com¬ 
mand of Wm. A. Graham, of Shawnee township, Cherokee 
county; that, at the time of said arrest, he was menaced and 
assaulted by this band of men, with pistols cocked and held in 
their hands presented at his head and breast, and at the same 
time they threatened to execute said Shockley, or, as they 
termed it, to hang him if he, as a ministerial officer under the 
laws, administered oaths to persons, settlers on the Cherokee 
Neutral Lands, who desired to make affidavits of their settle¬ 
ment on said lands, according to the published terms of James 
F. Joy; that they threatened to carry out their intentions and 
execution if he did not promise to desist from carrying on the 
functions of his office in relation to the making of the affidavits 
aforesaid; that, at the same time, this band arrested John T. 
Cox, jr., who had charge of Joy’s land office, making the 
same threats, and, while holding him under arrest, gave him 
ten minutes to give up to them the plats and papers of the 



122 


land office, or they would hang him; also, arresting G. Van 
Winkle, son of ex-Senator Yan Winkle, of West Virginia, 
threatening to hang said Yan Winkle and break open the 
safe of his banking house, if he did not immediately give up 
to them the papers and plats of the land office deposited in 
his safe; that since said tenth day of February and up to the 
present time, said Land League are in a state of quasi mili¬ 
tary organization, drilling every week to the number of four 
hundred; and that they avow and declare their purpose to 
arrest said Shockley, clerk as aforesaid, and divers other citi¬ 
zens of Baxter Springs, and lynch them, for the reason that 
they do not sympathize and give aid to their lawless 
intentions. 

W. B. SHOCKLEY, 

Clerk District Court , Cherokee County , Kansas. 

Subscribed and sworn to before me this 25th day of March, 
A. H. 1869. Henry T. Sumner, 

Justice of the Peace , Cherokee County , Kansas. 


Fort Scott, Kansas, May 1st, 1869. 
His Excellency , Hon. James M. Harvey , Topeka , Kansas: 

Hear Sir : Permit me to introduce to your acquaintance 
and favorable consideration F. M. Shaw, Esq., the bearer 
hereof. Mr. Shaw was formerly a resident of the State of 
Iowa, and now in this State intending to make the same his 
permanent home. He is a gentleman upon whose fidelity 
and integrity you can implicitly rely. Mr. Shaw, in company 
with myself and others, have been for the last week traveling 
over the Joy purchase of the Cherokee Neutral Lands. He 
will give you the facts in the matter of the disturbance on 
those lands so far as the same came to his knowledge. 

I may be permitted to add that there are now nearly four 
hundred men in those two counties (Crawford and Cherokee) 
who belong to a secret organization, purely military in its 
character, and the civil authorities are powerless to arrest 
them or to maintain the laws. Hay before yesterday they 
seized the railroad surveyors, personally maltreated them and 



123 


burned all their surveying implements and all their property 
except the clothing of the men. All men who differ with 
them in opinion or threaten to expose them are made the ob¬ 
ject of their vengeance. I am well convinced that it will be 
your imperative duty to interfere in this matter by the mili¬ 
tary, and the sooner it is done the less cost and bloodshed 
will be saved—if permitted to go on it may, and doubtless 
will be quelled only at great sacrifice of life and treasury* 
“ Nip it in the bud” is the proper remedy. 

Very respectfully, yours, 

m. y. yoss. 


Baxter Springs, May 17th, 1869. 
His Excellency , Governor Harvey r 

I beg leave, once more, to call your attention to the con¬ 
tinued outrages being committed by the “Land League,” of 
this county. A short time since they burned four hundred 
railroad ties, drove back the engineers surveying the line of 
the Missouri River, Fort Scott & Gulf Railroad, burned their 
wagon and camp equippage, and destroyed their instruments, 
etc., etc. Civil law is set at defiance; the sheriff is unable to 
execute the law. The law abiding citizens of this county 
respectfully ask that you at once inaugurate such measures 
that will restore law and order in our midst. 

Respectfully Yours, 

GEO. J. WEAVER, and others. 


To His Excellency , J. M. Harvey , Governor of Kansas : 

The undersigned citizens of Cherokee county would repre¬ 
sent and show unto Your Excellency, that by the frequent 
violations of the law committed in said county, by an armed 
and overwhelming force of the number of several hundred, 
the officers of the law are unable to preserve the public peace, 
or execute writs for the arrest of the violators thereof; that 
this state of affairs has continued for the space of two months 
last past, and that it is becoming stronger and more open and 




124 


belligerent every day, that this forceps known by the name 
of the Cherokee Neutral Land League, that they have pub¬ 
lished in their meetings, that they would not be arrested for 
any violations they have or may commit; that they have 
driven from the county many citizens by acts of violence 
committed upon their persons and property, that they have 
taken the control of affairs into their hands outside of the 
law, and by threats, deter peaceably disposed persons from 
informing the authorities of the law; that they have seized 
the books and papers of the county treasurer on the 14th 
inst., declaring that no land shall be assessed in the name of 
James F. Joy; that they arrested, on the 27th ult., a party 
of engineers, burnt their equippage and instruments, ordered 
them away from the Neutral Lands, and threatened to hang 
them if again found upon it. 

We would represent that the officers of the law are power¬ 
less, and cannot check these outrages; that the public 
sentiment of law and order is overawed, and forced to 
remain silent; that the people who are opposed to them live 
in constant fear and dread, and are threatened by them with 
punishment if they strive to give aid or information against 
them. 

We, therefore, as law and order citizens of Cherokee 
county request Your Excellency to order to the aid of the 
civil authority such military force as Your Excellency may 
deem necessary and w T ill ever remain so. 

May 17th, 1869. 

H. J. SUMNER, and nine others. 


STATE OF KANSAS ,\ 

Cherokee County. } 8S * 

I, William 0. Seright, sheriff of Cherokee county, do here¬ 
by certify and represent to His Excellency, J. M. Harvey, Gov¬ 
ernor of the State of Kansas, that by reason of a combined and 
overwhelming force of persons banded together in a quasi mili¬ 
tary organization, that I am unable to execute the law in Che¬ 
rokee county, or execute writs that may be placed in my hands 
for the arrest of the violators of the law. I would show unto 



125 


His Excellency that this force of men are known as the Cher¬ 
okee Neutral Land League; that said League is composed of 
five hundred men or more in this county; that they publicly 
proclaim that they will not be arrested by the civil authority 
for any acts committed by them, or to be committed by them 
hereafter; that members of this League have arrested a party 
of engineers engaged in surveying a line of railroad through 
the county, burning their wagons and equipage, and destroy¬ 
ing their scientific instruments, that they have burned and 
destroyed private property belonging to citizens of Cherokee 
county, for the reason that it was to be used in the construc- 
of a railroad through said county, that they have repeatedly 
ordered away and driven by force from the county peaceable 
citizens, and that by reason of their numbers and organiza¬ 
tion into lodges and companies they are exercising a reign of 
terror over the citizens of the entire county, forcing them to 
aid them or remain silent and inert. I, therefore, most re¬ 
spectfully request His Excellency, in consideration of the 
premises, to give me the aid of such military force as your 
Excellenoy may deem proper to order to my assistance to 
preserve the public peace and execute the mandates of the 
law in my county. 

Given under my hand at the sheriff’s office' this 17th day of 
May, A. D., 1869. 

WILLIAM G. SEEIGHT, 

Sheriff of Cherokee county , Kansas. 


Crawford County, May 18th, 1869. 

To His Excellency Governor James M. Harvey , Topeka , Kas.: 

Dear Sir : As armed resistance is offered to the serving 
of civil process in this county, and as private property and 
persons are endangered by bands of lawless men, I, as sheriff 
of this county, would call upon Your Excellency to furnish a 
suitable force of military to enable me to enforce my writs. 
They avow their determination to resist all efforts to supprhss 
their outrages upon the settlers and others, and as their bold- 



126 


ness increases day by day, I would call upon you to act with 
your usual celerity in the matter. 

J. M. RYAN, 

Sheriff , Crawford County , Kansas . 


STATE OF KANSAS, 

Executive Departeent, 

Topeka, June 12th, 1869. 

James F. Joy , Esq.: 

Dear Sir : A prominent gentleman from Cherokee county, 
in this State, has just been here to see me concerning the 
troubles on the Neutral Lands. He desired me to write to 
you, stating that the settlers are willing and anxious to go 
into the United States courts for the settlement of the contro¬ 
versy concerning the title to the lands there. He represents 
that the institution of legal proceedings would allay excite¬ 
ment, and that the building of the railroad would be favored 
instead of being opposed. Having seen a published letter of 
yours in which a willingness is expressed to afford every 
facilty for testing the matter in the courts, they express a 
desire to do all that they can to bring about a peaceful and 
quiet solution of the difficulty. 

Respectfully yours, etc., 

JAMES M. HARVEY. 


Columbus, Kansas, June 12, 1869. 

To His Excellency , James M. Harvey , Governor State of Kansas: 

Dear Governor : I have the honor to submit for your 
consideration a statement of facts respecting this (Cherokee) 
county. I came to this county and settled at Baxter Springs, 
May 2, 1868, with a view to engage in the practice of the law. 
Last November I was elected probate judge of the county on 
the same ticket with your Excellency, by the handsome ma¬ 
jority of 635. I continued to reside at Baxter Springs, with 
my family, until the second of March last, when I removed 
my office to this place, in obedience to the order and procla¬ 
mation of our county commissioners—one of whom, M. Reb- 




127 


etein, resides in Baxter—made on the 20th of February last, 
after canvassing the vote upon the question of the removal 
of the county seat, taken on the 16th of the same month. 
All the county officers did the same and recognized this place 
as the county seat, except Wm. B. Shockley, district clerk, 
who still remained at Baxter—several citizens of that place, 
acting under the advice of John E. McKeighan, an attorney, 
having executed a bond of indemnity to said Shockley. The 
last term of our district court was held here, judge D. P. 
Lowe presiding. W. B. Shockley, clerk, appeared, with the 
records of the court, and attended to his duties during the 
session. Previous to this time the county attorney, J. N. 
Bitter, had instituted suit against Mr. Shockley and his sureties, 
to recover the penalty of five dollars per day, from the 
expiration of the twenty days allowed for the removal, under 
the 9th section of chapter 26, page 298, general statutes. The 
case was not tried, but continued. Mr. S. was here. We 
could not, for that reason, sustain a mandamus to compel him 
to remove to this place. No sooner had the court adjourned 
sine die , and the records were made up and signed by the 
Judge, than Mr. Shockley commenced packing up the books 
and papers preparatory to taking them back to Baxter 
Springs. He remarked that this was the last time we -would 
see him in this court, unless it would be as a criminal. I 
remarked, jokingly, that from the call of the docket he would 
be “in court” at next term. The county attorney, in the 
same mood, remarked that if he removed his office back to 
Baxter, he might be in the next court as a criminal, meaning 
that he (S.) was laying himself liable to a criminal prosecu¬ 
tion for misconduct in office, which he (S.) understood. He 
at once got angry,and made the remark, “If I am, some of 
you fellows will sweat blood.” He went to Baxter and, with 
the sheriff, has remained there ever since. I make this state¬ 
ment to show you who it is that represents the “ authorities ” 
of this county in representing this county as opposed to the 
execution of the law\ I know it has been difficult to enforce 
the law in its spirit and letter ever since I have been here. 
There are numerous open violations of law that go unrebuked 
by some leading, influential men ; but the worst and most 
outrageous violations have been in the city of Baxter Springs. 


128 


1st. Nearly every business house in Baxter sells, or haa 
until recently, sold liquor, openly and publicly, to Indians aa 
well as whites; minors, as well as adults; Sundays, as well as 
other days, without license, and against the laws, not only of 
Kansas, but the United States. The trouble has been to get 
any person to give information. I could not, for I never have 
drank a glass of liquor in the State, and those who imbibe 
refuse to make an affidavit. 

2d. Soon after I came there, in May, 1868, they were 
voting upon the county seat question. I was urged to vote, 
and they were inclined to charge me with being a “Centre 
man,” when I told them that I would not vote, because I was 
not a voter, not having resided in the State six months. 
They asserted continually, and induced men to believe, that 
there was no penalty for casting an illegal vote, unless a 
man was “challenged,” in which case he would be liable for 
peijury, in case he swore false. And even as to residence in 
the State, the judges of election held, that if a man intended 
to come to Kansas six months before the time he offered to 
vote, he was a voter under the law. Baxter gained the 
county seat at that time through fraud. This enraged the 
people in the county, and there was a renewal of the ill-feel¬ 
ing, that I am told had previously existed between the “ city” 
and country. Last fall in the campaign I took a position 
squarely against illegal voting, and although a Baxter man I 
was ever re^dy to submit to the will of a majority. This, 
they said all over the county, was all they asked. If Baxter 
gained it by a fair vote they were willing to submit. The 
presidential vote of the Spring Yalley township, (including 
the city,) was 434 votes, the whole county, 1,358. The people 
began to count noses and a move was made to have another 
vote upon this question. A portion of the township would 
vote for Columbus, and the balance of the county would go 
solid against Baxter. The requisite petition was presented, 
and the vote taken. It was emphatically a people’s move¬ 
ment. They dared not trust any lawyer in Baxter, although 
some did say they thought I was honest and would not 
sustain Baxter in another fraudulent vote. 

Previous to the vote being taken, on the 10th day of Feb- 


129 


ruary, the Leaguers, as they are called, came into town, 
before I got up to my office, for the purpose of breaking up 
Mr. Joy’s office. They done what they did and retired before 
I had any chance to see them, it being early in the morning, 
though after daylight. When I arrived at my office, I found 
a general alarm among the people, and a perfect reign of ter¬ 
ror existing. Major H. T. Sumner, a lawyer and justice of the 
peace, came to me with a gun on his shoulder, and asked me, 
rather too authoritatively, I thought, to go over to Mr. 
Blood’s store, get a gun, and go out on the square, where the 
citizens were forming into companies. I declined, stating 
that I was not subject to military duty, having been wounded 
in the service, and now drawing a pension; and another 
thing, I had my life insured, and if we should get into an 
engagement and I should lose my life, the companies would 
be under no obligation to pay my wife the sum for which I 
was insured. I stated, also, that I did not fear a return of 
the League, and that 1 did not believe they intended to injure 
any citizen of Baxter. I also suggested that he was not fol¬ 
lowing the course pointed out by the law for a peace officer; 
questioned his authority to call out men and put them under 
arms; advised him to get some one who could to make an 
affidavit before him, then issue his warrant, and place the 
same into the hands of the sheriff, for the arrest of all persons 
who had violated the law, at the same time tendering my- 
services to aid the county attorney in the prosecution. But 
this was all to no purpose; no affidavits were made, and no 
warrants issued, and this same Sumner charged me, in his 
talk about town, with being a Leaguer, and my name was on 
everybody’s tongue before night, and I was told that they 
■threatened to hang me. 

I remained quietly in my office while they mustered and 
formed three companies, elected officers, the captain of one of 
which was a rebel officer in John Morgan’s command, and I 
saw several ex-rebels carrying arms in violation of the law of 
this State, (section 282, page 378, general statutes.) Such 
was the feeling against me through the false statements of 
Sumner and others, notwithstanding I met Sumner in the 
drug store and compelled him to admit that I had said nothing 

r 


130 


to him in justification of the League. I was led to believe 
that it was not best to be “around town” much, and so I 
stayed in my office and attended strictly to my duties. 

On the 16th of February I went to the polls and voted 
“ for the county seat, Baxter Springs.” After the polls were 
closed I met one of the judges and one of the clerks in the 
postoffice, aske ( d them how the vote stood; they informed me 
that I would know when they made the return and not be¬ 
fore. I was unable to find out how it stood until the 20th, 
when the county commissioners met and canvassed the re¬ 
turns. Baxter Springs, or rather Spring Valley township, 
stood as follows: For Columbus, 31; For Baxter Springs,. 
1,045; total, 1,076; at least six hundred of which are fraudu¬ 
lent, and it was openly justified by leading men in Baxter. 
A majority of thirty-two however, was given for this place. 
Our county paper, published at Baxter, Cherokee Sentinel, 
has published all sorts of lies in regard to the “ settlers” up 
to the present time, and even had an editorial stating that 
that they are “reliably informed that Sanford is telling the 
people that the Governor has not issued any proclamation, 
but that it was gotten up by the railroad company.” Of 
course, it is unnecessary for me to say that this last statement 
is entirely without foundation. If. ever any class of people 
were abused, villified and ill-treated, it is the loyal settlers 
upon the Cherokee Neutral Lands. They have suffered deep 
wrongs. Is it any wonder that they should feel a little 
angry? That they have resisted the railroad company is 
true, as I believe they have a natural and legal right to do. 
The railroad company claims to own the land. They are 
seeking to take forcible possession under the pretext of build¬ 
ing a railroad. We have a right to use just so much force 
as is necessary to prevent it and no more. If they want pos¬ 
session let them commence a suit against one of us and try 
the title legally. We have no case to commence, because we 
are in possession. We are ready and anxious to try Mr. Joy’s 
title to the land, and he can commence as soon as he sees fit. 
I reside upon and have in my possession the northeast quar¬ 
ter of section nineteen, township thirty-three south, range 
twenty-three east, and I intend to have a title from the gov- 


131 


ernment of the United States, or know the reason why. The 
government never authorized the sale to Mr. Joy. When 
Congress confirms Mr. Joy’s title, or the United States su¬ 
preme court decides adversely to me, I will of course surren¬ 
der. Is there anything like lawlessness in this position? 
If not, then there are few lawless men on this land more than 
those I have above referred to. No man has been hung on 
the Neutral Lands by the “League,” and no man has been 
driven out of the country because he has “ proved up” under 
Mr. Joy. I do not belong to the League, never did, am not 
advocating lawless conduct, but I am standing up for my 
rights and the rights of my poor neighbors against this most 
infamous swindle. 

If the railroad company will agree not to open an office for 
the sale of these lands until the question is settled by Congress 
or the courts, and that in case of a suit they will not claim 
that they have possession by virtue of their road running 
through it; I do not believe that there is a man on the 
Neutral Lands who would object to the road or obstruct the 
engineers. But they say we have no rights, we are tres¬ 
passers, and they refuse to consult our wishes in any respect 
whatever. But I am told that others have written you, and 
I will forbear. Let me assure you, Governor, that 1 am em¬ 
phatically in favor of law and order, and will do everything 
for “peace” except to surrender principle. There is no use to 
talk of compromise with Joy as the Hon. P. Me Vicar sug¬ 
gested when here. If he would sell us our farms at $1.25 per 
acre it would not be accepted by the settlers, because there 
is a principle involved. Joy has no title. The exclusive 
power to dispose of the public land belongs to Congress under 
the constitution, and until the government, by an act of Con¬ 
gress, disposes of this land, the title rests in the United 
States, and we have a right to settle here, and it is not fair 
nor just to call us “trespassers,” at least until the claimant 
establishes a paramount title in the courts. 

I am, Governor, 

Very respectfully, 

Your obedient servant 

AMOS SANFORD. 


132 


Michigan Central Railroad Co., 
President’s Ofeice, 

Detroit, June 18, 1869. 


} 


My Dear Sir: I have yours relative to the statement of 
a prominent gentleman from Cherokee county, as to the 
anxiety of the settlers to go into the courts to test the 
question of title, and that the institution of legal pro¬ 
ceedings would allay excitement, and also that the build¬ 
ing of the railroad would be favored instead of opposed. Of 
■course, I have no objection to any test as to the title, but have 
seen no evidence as yet of any willingness on the part of that 
portion of the settlers who make this disturbance, to acqui¬ 
esce in any decision relative to the title. At my request, 
some little time ago, the Hon. George A. Crawford, of Fort 
Scott, traveled through the [Neutral Lands, and saw all the 
prominent men who are the authors of this trouble, and 
among them, Mr. McDowell, a member of the legislature of 
your State. That you may be fully aware of the terms upon 
which they will use their influence to stay this agitation, I 
enclose to you Mr. Crawford’s letter to me stating the results 
of his interviews. I do not think that if you occupied the 
position of the railwaj" company you would quite submit to 
this, or that you would advise it. 

If the settlers will agree to abide by the decision of the 
courts, and if the title of the railroad company is sustained, 
acknowledge its validity, and then pay what the land will be 
worth with the railroad through it, we could afford to present 
them with a large sum of money. The land which we offer 
to them at from $2 to $5 per acre, we could sell quick at from 
$5 to $10, and we could well afford to be at the expense of 
a suit, and wait the result; and it is manifestly unjust to ap¬ 
peal to litigation, without any design of abiding by the results 
of it. In war, (a contest where a party wins or loses all,) to 
the winner belongs all he wins, and the loser loses all that 
the other gains. If the wish of the settlers is to appeal to 
this arbitrament, and will, when beaten, allow us to exercise 
the rights of owners, and sell at such prices as shall then he 
fair, we would ask nothing better, and we will of course join 
them in the appeal. You may be sure, however, that this is 
not their purpose. 


133 


I will further suggest that this is not the interest of 
any of those settlers. There are very many of them who 
are vastly better off with the proposition we make them, 
than in any othgr possible way, and are not only content 
with the propositions, but think them exceedingly liberal—as 
they unquestionably are. If the resort must be had to litiga¬ 
tion, it must be of course with the full understanding that 
both parties shall abide by the decision, and when it sh »uld 
be made the stockholders of the railway company, of whom 
I am only one of many, of course, will refuse to sell at half 
or quarter value of the lands, and there would be no argument 
by which I could induce them to do it, and in truth there 
would be no reason why they should. And we are not mis¬ 
taken when we say that with the railroad through that 
country, there will not be in two years an acre of land in the 
Neutral Tract which will not sell for #8, and from that up to 
$15 and $20, along the road in some parts of the country. 
Why should we, who shall have opened the country, given it 
the advantages of railway accommodations, and given it this 
value, and have had the title sustained b}" decision after liti¬ 
gation, sell these lands to the men who have been our enemies, 
and given us all this trouble, for a quarter of the price which 
others will be glad to pay us ? After litigation we certainly 
would no do this, and I may frankly say ought not to do it. 
That line of action, therefore, is not for the interest of the 
settlers themselves, and if we consult their interest alone, 
should not be resorted to. It will be ruinous to them, and 
put all the lands beyond their reach, while now every one of 
them, on the cheap price and liberal terms we offered, might 
secure his home and become in a few years, with the inevi¬ 
table rise in the value of lands, independent. If they prefer 
litigation and will abide by it, so that w^e shall have no further 
trouble, we can put the matter in a position by a suit against 
some of them, which will bring about a decision. 

Will you allow me to remark that in my judgment the 
purpose of the gentleman from Cherokee county was not so 
much to have the question of title decided, as it was to find 
out, if possible, from you, how efficiently the troops were to 
be used for the protection of citizens who are disposed to be 


134 


quiet, and accept the terms offered, and there are very many 
of them. The condition of that portion of the people who 
are against these men is terrible; their lives and property are 
in constant peril. I have letters from such almost daily. 
Some of them are driven away from their homes, and the 
terror which reigns there is hardly conceivable, and, unless I 
mistake, the gentleman who came to you is perhaps more 
than any other man responsible for it. If it were proper for 
me to make a suggestion, it would be that the most vigorous 
policy is at once the best and wisest. All quiet people should 
be protected in their person and property. All Leagues, 
which are used for purposes of violence and terror, should be 
dissolved and prohibited. All men who violate the law and 
the rights of others, should be arrested and punished. It is 
one of those cases where the most resolute vigor is the , 
greatest wisdom, and where severity now, will save much 
trouble in the future. 

With much respect, I remain yours, truly, 

JAMES F. JOY. 

His Excellency , James M. Harvey , Topeka. 


Petersville, Cherokee Co., June 22, 1869. 
Governor James M. Harvey , Topeka , Kansas: 

Dear Sir: You may think I am intruding by writing so 
much, though, under the circumstances, I feel it my duty to 
drop you a few lines to give you the true state of things 
down here; which is, I fear, too late to prevent the military 
from being sent here. Everything is quiet here, and 
has been, as much or more so than in any county in the 
State. Ho one shot or hung; no civil officer resisted in at¬ 
tempting to discharge his duties as an officer; and a more 
intelligent, industrious and law-abiding people does not live, 
in any community than lives on these, the Cherokee Heutral 
Lands, the opinions of a few Joyites, in Baxter Springs and 
Fort Scott, who are publishing and narrating in every shape 
the most wilful and malicious falsehoods, to the contrary not¬ 
withstanding. 



135 


Now, Governor, I will tell you what these unprincipled 
Scoundrels intend, or have gone so far as to say they intend, 
to have done as soon as the military arrive, and they feel very 
sure they will come, and I fear so myself. They say they 
will arrest all the leading anti-Joy men, and drive all who 
are opposed to Joy out of the country; make them leave 
their homes and farms they have spent their all to improve, 
because they are not willing to recognize Mr. Joy as king and 
ruler. If we are trespassing on Mr. Joy’s rights, he can bring 
suit any day, and try the legality of his title; if it proves 
valid, we say amen, but we do protest most earnestly against 
being driven from our homes without having a legal hearing, 
and will not submit to it very tamely. We would have no 
trouble if outsiders, that do not live on these lands, would let 
the people have their rights, and not favor selling us out, 
root and branch, to build a railroad for their own benefit. 

The main object is to drive out and embarrass the people 
here so that they can control and run this country in the 
interest of Mr. J. F. Joy; we are ready and hope Joy will 
bring suit and have the matter legally settled, and not under¬ 
take to force and bully us off of our hard-earned homes. 

I would like to know, if you think I am not asking too 
much, whether it is going to be your policy to use the mili¬ 
tary in the interests of Mr. Joy, or whether you will protect 
the settlers, or not throw any obstruction in their way at 
least, so they may have a chance to protect themselves. 

Yours truly, 

E. C. WELLS. 


Wirtonia, Kansas, July 5th, 1869. 
James M. Harvey , Governor of Kansas: 

Dear Sir : I have thought to drop you a line, that you 
may be made acquainted with the position of affairs existing 
here. Since my return everything has remained quiet, 
though the Joy men boasted largely of what would be done 
when the “troops” came. They came, and passed through 
to Crawford county, much to the chagrin of the rascals in 



136 


Baxter Springe, who, to get them here, perjured themselves. 
But instead of proving to the world, and you in particular, 
that the settlers were lawless, and would resist the civil 
authorities, warrants were issued for some of the most deter¬ 
mined “ Leaguers(those they supposed would lynch the 
officers rather than submit;) the arrests were made peace¬ 
ably, and the writs answered to promptly, as they would have 
been at any time previously, when properly issued and legally 
served. But, sir, justice seems to be no part of the game by 
Joy or any of his hired pimps. Two of the men arrested had 
their trial, and although there was no evidence of the charge, yet 
the justice bound them in a bond of $700 each to appear at court. 
Again, to show you that if it lays in the power of those oppos¬ 
ing the settlers, they will inaugurate a reign of just what 
they have so industriously circulated, and which was the 
cause of our country being disgraced by the presence of 
United States troops; when waiting for trial, one of the 
men in charge of a deputy sheriff was fired on twice by a 
scoundrel on the street, and the authorities (?) never offered 
to arrest him until threatened with prosecution; and then 
w r as furnished with money and allowed to escape. These are 
the men that you have brought United States troops here to 
assist in maintaining law and order in Cherokee county. We 
have but recently ascertained the fact that our drunken 
sheriff has been acting without filing any bond, and conse¬ 
quently illegal, and the clerk of the circuit court was arrested 
to-day for forcibly removing his office from the county seat 
and also for assault and battery. These two men furnished 
you the legal information that they could not enforce the law 
in Cherokee county. You can judge of the truth from the 
character if you had not the evidence of every honest man 
in Cherokee county that it is false. And it was procured 
from those scoundrels, and those in Crawford county, by 
Colonel Coates; money and threats were freely made use of. 

If there is any law in Kansas, we intend to appeal to it, and / 
put these men where the world may know of their rascality, 
and they made to feel, that to perjure themselves and vilify a 
whole community cannot be done with impunity. Hon. 
Sidney Clarke, accompanied by Mr. Hoyt and John Speer will 


137 


be hereto address the citizens of our county, to-day. I refer 
you to them for a full statement of what I have mentioned 
above. I have been exerting myself, with others, to bring 
the^natter of dispute into the courts, and if Joy is only as 
accommodating as he desires that people should think him, 
he will at once institute a suit to test his title. We have 
Lawrence and Butler employed to defend, and await the 
action of the railroad company, and have no fears that we 
will ever have to buy our land of James F. Joy, or any other 
monopolist. I have not a word to say about the troops sent 
in our midst. I am well convinced that their presence here 
will result in our benefit, Congress will be forced to notice us 
next winter and if noticed we will get redress from the source 
it should come from. Coates could not have pursued a course 
more suicidal to the interest of the “ ring ” than to have 
called for United States troops to force his swindle on United 
States soldiers. Looking at it in this light, you may well 
suppose that we are going to make the best use of the 
soldiers, and beat the “ring ” at their own game. 

You need have no uneasiness about our county, so long as 
justice is evenly administered there will be no trouble. But 
I suggest that the use of the military be not left with these 
officials that have proved themselves infamous liars, until you 
investigate whether their assistance is necessary. Men, who 
were unscrupulous enough to perjure themselves, will, if 
allowed, precipitate the county into anarchy to sustain their 
position, and then make use of the soldiers to carry out their 
designs. This is feared here, and it is hoped you will give 
such orders to the commander as will require an investigation 
before his action in any matter. 

I have the honor to be, 

Yours, truly, 

' c. c. McDowell. 


Girard, Crawford County, Kan., July 8, 1869. 
To His Excellency , James M. Harvey , Governor of Kansas : 

Governor : The undersigned, officers and citizens of said 
county, have the honor to represent to you that we are ad- 



138 


vised that efforts will be made to induce . Your Excellency to 
withdraw the United States troops stationed in our county 
for the preservation of peace, and to assist the civil author¬ 
ities in enforcing the law. Hon. Sidney Clarke, and others, 
have recently been inflaming the public mind, and promising 
that by their influence, said troops shall be removed ; we have 
the honor to repeat our representations that the peace cannot 
be maintained, the laws enforced and person and property be 
safe without the presence of the troops, and we further rep¬ 
resent that in our judgment the life and property of peace¬ 
able citizens would be greatly in danger, in case of the with¬ 
drawal of said troops. We have the honor, therefore, to 
request that Your Excellency will take no action for their 
withdrawal until we. are advised and can further represent 
the condition of the case. All of which is respectfully sub¬ 
mitted. 

J. M. KYAN, 

Sheriff. 

d. s. McIntosh, 

Probate Judge. 

C. O. HAWLEY, 

T. PAINTON. 


Monmouth, Kansas, August 14th, 1869. 

To His Excellency , the Governor of the State of Kansas: 

Sir : It has become my duty to represent to you, on the 
part of the settlers on the Neutral Lands, facts which demand 
your immediate attention. There are depredations daily be¬ 
ing committed on the people of these lands by certain lawless 
rabble, which, if not corrected, will result in great injury to 
the best interests of the country. You, as the chief executive 
of the laws of the State of Kansas, have it in your power to 
put an end to these misdemeanors, and you will, undoubtedly, 
in a great measure be responsible for the bad consequences 
that may follow if you neglect or refuse to stop at once the 
wrongs which are being inflicted upon the settlers on these 
lands. The people have settled on these lands by authority of 
the laws of Congress of the United States, therefore, they 



139 


'claim the protection of thoso laws, and also of the State of 
Kansas. Near the line between the counties of Bourbon and 
Crawford there has been a military camp established by your 
authority, consisting of one company of United States soldiers 
and about one hundred Irishmen, subject to the command of 
the sheriffs of Crawford and Bourbon counties. These sher¬ 
iffs keep up a regular military camp, composed of this mon¬ 
grel band of soldiers and Irishmen. They keep out pickets 
on the different roads through the country, and arrest peace¬ 
able citizens while attendiug to their lawful avocations, even 
go so far as to arrest physicians while visiting their patients. 
We would like very-much to know by what authority four 
Irishmen, with Spencer rifles in their hands, arrest a physi¬ 
cian upon the highway while visiting the sick, and march 
him into a military camp, composed of soldiers and citizens, 
without a warrant of any kind, in a country where there has 
been no martial law existing for more than four years. We 
had supposed that an American citizen could not be deprived 
of liberty (the richest boon of man) without due process of 
law. There is no telling where these wrongs will end. 
While the settlers are thus awed and kept in their houses 
during the night, their cornfields and potato patches are be¬ 
ing rifled of their contents. If there has been violation of 
the law r in this portion of the country on the part of citizens t 
why do you not cause the law to be executed against them, 
and not inflict such gross wrongs upon inoffensive citizens? 
We now demand of you that you redress these wrongs, and 
correct this lawless state of affairs, by immediately removing 
those soldiers and disbanding those Irishman. If you are in 
favor of law and order, you will undoubtedly concede to this 
most reasonable demand. But if it is your intention to pro¬ 
tect, by the strong arm of the military authority of the gov¬ 
ernment, a soulless band of the most foul-hearted land-sharks, 
who are maxing every effort in their power to suck fho last 
drop of blood of the life of the nation, you will of course re¬ 
fuse, and we, the unfortunate settlers on this vast tract of 
land, will be compelled to turn with sad hearts and make 
an appeal to the people of this great nation. We wait with 
impatience your decision. 


H. I). MOORE. 


140 


Fort Scott, KAn., August 29, 1869. 

To His Excellency the Governor of Kansas, Topeka Kansas: 

I have thought best to address you on the subject of the 
difficulties in the Neutral Lands, withput doubt familiar to 
you. Yery many of the settlers there honestly believe they 
have rights that justify a'resort to violence against the 
parties who have bought the lands, and are now building a 
railroad across them. They are regularly formed into regi¬ 
ments, with a duly elected commander, and have a vigorous 
working organization. You probably know of each indi¬ 
vidual act of violence committed by them, of the recent 
burning of a large number of railroad ties, and that the mil¬ 
itary forces of the United States have been called here to 
assist the civil authorities in maintaining the peace. However 
much good this may do, it will still be impossible to guard all 
exposed property and interests of the company towards which 
this hostility is manifested, and you know the inertness of 
civil law in communities not in sympathy with it. To avoid, 
then, a necessity that may arise for exercising martial law 
here, I have deemed it my duty to state that I believe your 
presence with these people for a few days, holding meetings 
with them, and explaining the true condition of the Neutral 
Land question, will do much to avert unpleasant complica¬ 
tions. There is scarcely a doubt hut they have been misled 
by ambitious men. They should understand clearly that 
these lands have not belonged to the United States during 
any of the time that any of the settlers now there have been 
on them, and consequently none of the laws for squatting,, 
pre-empting, or homesteading, can be made operative on 
them. Also, that it has been sold in conformity with law, 
and that the United States is bound to give peaceable pos¬ 
session at any sacrifice. And also, that the purchasers are 
ready, in good faith, to give every settler his land at a just 
valuation.* Pacific counsels, a full assurance of fairness upon 
the part of the purchasers, and that the troops of the govern¬ 
ment are not sent among them for oppression, but to maintain 
the peace, will do more than all else to allay passions that 
may otherwise lead to the most unpleasant results. 

I am, very respectfully, your ob't. serv’t. 

W. B. IIAZEN, 

Col. 6th Cav., Brt. Maj. Gen. 


141 


STATE OF KANSAS, 

Executive Department, 

Topeka, Sept. 3d, 1869. 

General W. B. Hazen , U, S. A.: 

Dear Sir: Your favor of the 29th ultimo is at hand. If 
my presence upon the Neutral Lands will be conducive to the 
preservation of peace, I will gladly visit that locality, and 
urge upon all parties in person, as I have already done by 
proclamation, the duty of obedience to the civil law, and of 
resort to the courts for redress of grievances. Further than 
this I cannot go. Except when called upon by the civil 
authorities to furnish force to enable them to execute 
the law and preserve the peace, it does not comport 
with my official duties to decide questions of law as to 
the title of those lands—that must he determined in the 
courts of law. I cannot, therefore, presume to decide that 
question, as I would virtually assume to do were I to try to 
explain “the true condition of the Neutral Land question," 
as suggested in your letter • and I doubt the propriety of my 
going there to hold meetings for any purpose connected with 
the question in controversy. Questions of law must ulti¬ 
mately be decided in the courts, and it would probably and 
justly be regarded as an unwarrantable interference on my 
part, were I to asssume the role of adviser of either of the 
parties in their business relations to the other, that being a 
matter of which I have no cognizance. My duty is simply 
to see that the local authorities, charged with the execution 
of the law and the preservation of the peace, are not pre¬ 
vented from exercising their legitimate functions by the 
intervention of force. This has been my policy from the 
beginning, and I anticipate no unpleasant results if it be con¬ 
tinued to the end. 

I am, very respectfully, 

Your obedient servant, 

JAMES M. HABVEY. 


* 


142 


Columbus, Kansas, August 31st, 1869. 

To James M. Harvey , Governor of the State of Kansas : 

Sir : I have the honor to respectfully request a certified 
copy of the “ official information ” you received from the 
“authorities” of this county, (Cherokee), that the execution 
of the laws had been resisted, upon which your proclamation 
to the people of this and Crawford county was based. 

I beg leave further to inform you, that one company of 
United States troops are now in this county, and I am in¬ 
formed that another company is in Crawford county, and 
that two more are to arrive soon. 

I wish to know from you, the Governor of our free State 
of Kansas, by what authority and for what purpose these 
troops are here. We have tried every means to ascertain 
this, without success. O.ur information is, that these troops 
are here through your instrumentality, for what purpose God 
only knows, for we don’t. James F. Joy and his hirelings say 
that they are here to protect the railroad interest, and drive 
every settler off* the land who refuses to purchase his home from 
the Missouri River, Fort Scott & Gulf Railroad Company, at 
their own price. I have seen, myself, a letter written by Mr. 
James F; Joy, with his own hand—a letter which he refuses 
to permit to be published—in which he says that the govern¬ 
ment sold the land to him, 'and he will demand that the 
government remove these settlers and put him in possession. 
Will the government accede to his demand ? is a question 
which is seriously agitating the minds of our citizens, and one 
which I would like to have you answer. And, really, I think 
there is danger of just such an emergency, and who can tell 
the consequences? I tell you, Governor, as true as I am an 
American citizen, I will never tamely submit to be driven 
from my hard-earned home with my family. Neither your¬ 
self nor the President of the United States have any 
authority to command such a thing, and I, in common with 
thousands of as true hearts as ever followed our flag, will fly 
to arms to resist such damnable tyranny. I say this calmly, 
and after due deliberation; I would rather die a freeman than 
live a slave! 


143 


In my humble opinion, sir, these troops are here now 
without any authority of law, and in violation of the consti¬ 
tution of the United States you and I have sworn to support. 
There are only two cases in which the President has any 
authority, in the constitution, to send troops into this State, 
and that is to protect it against invasion and against do¬ 
mestic violence. [See section 4, article 4, United States 
Constitution.] There is no invasion in this part of the State. 
If domestic violence is the pretext for sending these soldiers 
amongst us, upon whose “ application ?” Certainly not the 
legislature, for they have not been in session. Was it on the 
application of the Executive ? I would like an answer to 
this question. The legislature might have been convened, for 
it must be an “extraordinary occasion” when ex-United 
States soldiers are to be put under guard in this manner, 
without any charges being preferred against them, and 
they denied the right of trial by jury in the courts. If it is 
true, as reported, that you made this application, at the bid¬ 
ding of Col. K. Coates, what security have we that you will 
not make “application” to have the “demand ” of James F. 
Joy—Coate’s lord and master—complied with? We, of this 
county, gave you 635 majority, out of a vote of 1,358, last fall, 
and it was expressly stated to us, during the canvass, that 
you had pledged yourself to our interests. Now, sir, you 
could not get two hundred votes in the county, if it was 
known that you are in the interest of the monopoly that is 
trying to crush us. We have written you several letters, but 
have never received a reply. Will you answer me ? It is 
more than mooted here that Ward Burlingame runs the 
Executive Department. Kick him out. He has been Gov¬ 
ernor long enough. When this land question is settled by 
Congress, or in the courts, we will submit and abide the 
decision, which you very well know. But until then we will 
defend our rights, our homes and our firesides, peaceably if 
we can, forcibly if we must. 

Yours, respectfully, 

AMOS SANFOIiD. 


i 


144 


Baxter Springs, Kansas, September 3d, 1869. 
His Excellency, Governor Harvey , Topeka Kansas : 

Dear Sir : We beg leave to inform you that by order of 
the “Neutral Land League” we have had about three thou¬ 
sand railroad ties burned and totally destroyed in this county. 
This was done by members of the League, many of whom 
are known and could be prosecuted to conviction, were it not 
that the civil law, as directed against them, is totally inopera¬ 
tive. 

Respectfully, yours, 

INGRAHAM, WEAVER & CO., 

Tie Contractors , Missouri River, Fort Scott & Gulf R. R. 


To James M. Harvey , Governor of the free State of Kansas : 

Whereas, The constitution of the United States, which 
we respect, adore, and regard as the law of the land, in arti¬ 
cle four, section four, reads as follows, to.wit: “The United 
States shall guarantee to every State in this union a repub¬ 
lican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or of 
the executive, (when the legislature cannot be convened,) 
against domestic violence.” And 

Whereas, The constitution of the State of Kansas, article 
one, section five, contains this clause, to-wit: “.He, (the ex¬ 

ecutive,) may, on extraordinary occasions, convene the legis¬ 
lature by proclamation.” And 

Whereas, '“Domestic violence” has not existed, nor is 
now existing, on the so-called Cherokee Neutral Lands, nor 
has any cjvil writ or process been resisted while being exe¬ 
cuted. And 

Whereas, United States troops are now among us with¬ 
out having been sent here through the proper channel, we, 
the citizens of said Lands, do respectfully petition and demand 
that the legislature of this State be at once convened to 



145 


inquire into and investigate the propriety of sending troops 
to the Cherokee Neutral Lands of Kansas, to protect the 
State of Kansas from “ domestic violence.” 

Columbus, Sept. 4th, 1869. 

J. N. RITTER, 

County Attorney , 

And twenty-six others. 


STATE OF KANSAS, ) 
Executive Department, [> 
Topeka, Sept. 16th, 1869.) 

Amos Sanford , Esq.: 

Sir : Your letter of the 31st ultimo is at hand. I enclose 
certified copies of the papers you request, and in response to 
other portions of your letter, will state that I am responsible 
for all my official actions, and that if you desire further cor¬ 
respondence, you will be gratified upon couching your letters 
in terms fit and proper for one gentleman to use in addressing 
another. 

Yours respectfully, 

JAMES M. HARVEY. 


To Mis Excellency James M. Harvey , Governor of the State of 

Kansas: 

Your petitioners would respectfully represent: 

That there are, at the present time, a number of United 
States troops stationed on the Cherokee Neutral Lands, in 
the State of Kansas. 

That the Constitution of the United States, (Art. IV., 
Sec. 4,) says: “The United States shall protect States 
against”—“domestic violence”—“ on application of the legis¬ 
lature, or of the executive, when the legislature cannot be 
convened.” 

That the constitution of the State of Kansas, (Art. I., 
Sec. 5,) says: “He may, on extraordinary occasions, con¬ 
vene the legislature by proclamation.” 

10 




146 


That the legislature of the State of Kansas has not yet 
made application to the United States for “protection against 
domestic” or any other “violence” on the Cherokee Neutral 
Lands. 

That there does not now exist, nor has there at any time 
existed such a state of affairs as prevented or hindered the 
convening of the Legislature. 

That on the “Cherokee Neutral Land,” no officer has been 
resisted, or in any way obstructed in the execution of any 
process, civil or criminal. 

That no session of any court has been interfered with in 
any manner whatever. 

That the action of the Governor of Kansas, in requesting 
troops to be sent here, and of the President of the United 
States in granting the request, is totally without precedent in 
the history of this nation. 

That, the fact of this having been done in the interest of a 
monopoly as against thousands of loyal white Americans, to 
enable the monopoly to override justice, law, and the consti¬ 
tution of the United States, and to break down and discour¬ 
age the settlers and thus prevent their applying to Congress 
and the Courts for simple justice, and for the benefit of the 
laws of our country, makes this qase an alarming precedent 
for the subversion of the rights and liberties of the American 
people in the future. 

That the action of the Governor and of the President in 
allowing the monopolist to have troops here under the cir¬ 
cumstances existing, furn'shes to the enemies of the political 
party that placed them both in their present positions, the 
strongest weapon that has yet been put into their hands with 
which to divide and disintegrate that party, by enabling them, 
if this “Joy swindle” is carried out, to point to the promises 
of that party, so often repeated to the settlers of the new 
parts of our county, broken; to it's professions of protection 
to the humblest of American citizens, belied , to it’s oft reiter¬ 
ated position against monopoly, made ridiculous; and to the 
trust accorded to it by the majority of the voters of the na¬ 
tion, that the constitution and the laws should be carried out 
in practice, betrayed. 


147 


We would further represent that the personal presence 
among us of the Governor of the State of Kansas, for the 
purpose of learning the truth in regard to ourselves and to 
circumstances here, would be gratifying to the people as an 
indication of a possibility that we might yet hope for fair 
play. 

We, therefore, ask that the legislature may be convened at 
the earliest possible day, in order that the proper and consti¬ 
tutional authority, in such cases, may take intelligent action ; 
feeling confident, as we do, that in that event the troops 
would be instantly withdrawn, and we left to contend on 
even terms before the legislative and judicial departments of 
our government with the men who are seeking to perpetrate 
on us and on our children an unmitigated and illegal robbery. 

We further ask this as one most effectual means of plac ing 
before the public the real truth in regard to the now cele¬ 
brated “Cherokee Neutral Lands” case, injustice to the 
good name of our State, and especially to our wronged and 
injured section thereof. 

We ask that, if you do not convene the legislature, you do 
immediately withdraw these troops from the Cherokee 
Neutral Lands. 

E. C. WELLS, 

And six hundred and sixty-nine others. 


To His Excellency James M. Harvey , Governor of Kansas : 

Sir: On entering upon the duties of my office, as sheriff 
of this county, I find a force of United States soldiers sta¬ 
tioned near this place, and am informed that they were sent 
here upon your application, at the instance of my predecessor, 
William G. Seright. Never having known or heard of any 
resistance having been offered or made against the service of 
civil process, and the sittings of courts having never been 
interfered with, nor their authority and powers obstructed in 
any manner, and the county not being in a state of insurrec¬ 
tion or rebellion, and there being no invasion of this part of 
the State, I am at a loss to know for what purpose they were 
procured and quartered upon us ; and, 



148 


Whereas, The loyal citizens of the county feel that the 
presence of troops amongst us in a time of profound peace, 
procured as they have been, is a most flagrant outrage, un¬ 
warranted in the constitution, unauthorized by law, utterly 
at variance with and repugnant to the genius of our free 
republican institutions, alike destructive to the manhood, and 
dangerous to the liberties of the citizens, jeopardizing the 
peace and retarding the settlement and development of the 
county; and, 

Whereas, Their presence amongst us is a living insult to 
the loyalty, patriotism, honor and dignity of the people, and 
a disgrace to the State. 

Now, therefore, I, Joshua S. Vincent, sheriff of Cherokee 
county, do hereby certify to your honor that there is 
no necessity of United States troops, or any other 
military force, being stationed in this county, and that 
their services are not required. And feeling fully competent 
and able to discharge the functions of my office in strict com¬ 
pliance with my official oath and the law, I most respectfully 
call your attention to section 4 of that portion of our 
constitution denominated the “ Bill of Bights,” and request 
its enforcement by the speedy withdrawal of the troops 
from my county. 

Criven under my hand, at the sheriff’s office, Columbus, Kan¬ 
sas, this 14th day of January, A. IX, 1870. 

JOSHUA S. VINCENT, 

Sheriff of Cherokee county. 


STATE OF KANSAS, 

Executive Department, 

Topeka, January 22, 1870. 

Joshua S. Vincent , Sheriff of Cherokee County: 

Sir . Your letter of the 14th instant is at hand. I for¬ 
ward herewith a copy of my annual message to the legisla¬ 
ture, from which you can glean information as to the cause 
of the presence of the troops you speak of, and why I have 
refused to request their withdrawal. They are not quartered 
upon you, nor upon any one else ; their presence is not a vio- 



149 


lation of section four of the bill of rights, nor of any other 
constitutional provision; they will not hinder you in the per¬ 
formance of your official duty; you will therefore let their 
presence give you no further uneasiness. 

Very respectfully, yours, 

JAMES M. HARVEY. 


To His Excellency , James M. Harvey , Governor State of 

Kansas: 

Sir : On entering upon the duties of my office as sheriff 
of this county I find a force of United States troops stationed 
near this place; I am informed by a certified copy of the 
sheriff’s certificate to Your Excellency directed, and was sent 
here upon your application, at the instance of my predecessor, 
J. M. Ryan. Never having known or heard of any resistance 
having been offered or made against the serving of civil pro¬ 
cess, and the sitting of courts having never been interfered 
with, nor their authority and powers obstructed in any way, 
and the county not being in a state of insurrection or rebel¬ 
lion, and there being no invasion of this part of the State, I 
am at a loss to know the purpose for which they were pro¬ 
cured and quartered upon us, and the loyal citizens of the 
county feel that the presence of troops amongst us in a time 
of profound peace, procured as those have been, is a most 
flagrant outrage, unwarranted in the constitution, unauthorized 
by law, utterly at variance with, and repugnant to the genius 
of our republican institutions ; alike destructive to the man¬ 
hood and dangerous to the liberties of the citizens; jeopardiz¬ 
ing the peace and retarding the settlement and development 
of the country ; and their presence amongst us is a living 
insult to the loyalty, patriotism, honor and dignity of the 
people, and a disgrace to the State. 

Now, therefore, 1, H T. Coffman, sheriff of Crawford 
county, do hereby certify unto Your Honor, that there is no 
necessitj 7 for United States troops, or any other military force 
being stationed in this county, and that their services are not 
required. And feeling fully competent and able to discharge 
the functions of my office in strict compliance with my official 



150 


oath and the law, I respectfully call your attention to section 
four, of that portion of our constitution denominated the “Bill 
of Rights,” and demand its enforcement by the speedy with' 
drawal of the troops from my county. 

Given under my hand, at the sheriff’s office, Crawford county, 
this, the 31st day of January, A. D. 1870. 

HENRY T. COFFMAN, 

Sheriff of Crawford County , Kansas. 


Fort Scott, Kan., Feb. 10, 1870. 
Messrs. Sanford , Burris and others , Committee of the Legislature ; 

Gentlemen : In compliance wLh your request that I 
furnish some data from this office relative to the different 
classes of claimants, holding under Mr. Joy’s purchase of the 
Cherokee Neutral Lands, I have the honor to submit the fol¬ 
lowing, stating, however, that while'many of the figures are 
approximate, my opportunities for making the estimates have 
besen such as to render their correctness tolerably certain: 

The first class are those who resided upon or occupied 
land prior to the date of Mr. Joy’s purchase, and who are 
privileged to buy their land, not to exceed one hundred and 
sixty acres, at prices ranging from two to five dollars per 
acre, and on six years’ time, paying interest at the rate of 
seven per cent, per annum, provided they made proof of such 
settlement or occupancy, during the time the office was open 
to receive them; which was from December 1st, 1868, to June 
1st, 1869 ; this class numbered in all about fourteen hundred 
settlers, covering, perhaps, one hundred and ninety-five thou¬ 
sand acres of land. Nine hundred and three made the re¬ 
quired proof, of whom seven hundred and eighty-four have 
already received their contracts; fifty more have applied, but 
their cases are held under advisement, as some doubt existi 
as to the validity of their claims. Of the balance, there is 
reason to believe that many have been prevented, through 
fear, from obtaining their contracts, while others have aban¬ 
doned their improvements, a residence on the land, in its then 
disturbed condition, being distateful to them. 



151 


In addition to the nine hundred and three old settlers who 
made the required proof, there have been, since the office 
opened for contracting, on the 25th of August last, ninety- 
nine applicants to purchase under Mr. Joy’s proposition to 
settlers prior to June 10,1868, a majority of whom have made 
oath that they were prevented from making the required 
proof at the proper time, through fear of personal violence 
from members of the so-called Land League had they done 
so; there is hardly a day passes that does not add to the 
number of these applicants. 

Of the number of those who have settled upon the Neutral 
Lands since Mr. Joy’s purchase, it is almost impossible to form 
anything like a correct estimate. There is, and has been, a 
constant tide of immigration, and probably about two hun¬ 
dred and fifty thousand acres of the land is occupied by this 
class. The original tract consisted of eight hundred thousand 
acres, of which about one hundred and sixty thousand acres 
was and is occupied by what is known as “treaty right” set¬ 
tlers, or those who get their land through the government. 

Very respectfully, your obedient servant, 

T. H. ANN ABLE, 

Cashier Land Department, 
































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MINORITY REPORTS. 



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REPORT OF MR. SANFORD. 


Mr. Speaker : The undersigned, a minority of the Select 
Committee appointed in accordance with the resolutions 
hereto attached, for the purposes therein set forth, beg leave 
to submit the following 

MINORITY REPORT. 

The entire Committee proceeded to the “region” of the 
Cherokee Neutral Lands, and took the testimony of thirty- 
one (31) witnesses, in writing, seven of whom were examined 
at Fort Scott, eleven at Girard, six at Columbus, and seven 
at Baxter Springs—the first and last mentioned places not 
being on said Lands. Of this number there are six who are 
members of the Neutral Land Home Protecting Corps, a se¬ 
cret organization formed among the settlers, for the purpose 
of testing the validity of the “Joy title” to said lands in the 
courts, and three who are classed as settlers’ men, but not 
members of the organization, while the other witnesses 
twenty-two in number, are either railroad employees or sup¬ 
porters of the “Joy purchase.” The testimony of these wit¬ 
nesses, together with that of His Excellency, the Governor, 
and the papers found in the office of the Executive, comprises 
all the evidence obtained bv the Committee, and which is too 
voluminous to recapitulate. After making as thorough an 
investigation as was possible in the limited time the commit¬ 
tee devoted to that purpose, and after carefully considering 
the questions submitted to the committee, I deem it my duty 



156 


to state that, in my opinion, there never existed, since the 
organization of the counties of Crawford and Cherokee, any 
necessity for stationing United States troops upon the Cher¬ 
okee Neutral Lands, and that there is no necessity for their pres¬ 
ence there now. This opinion is based upon the fact that the 
evidence shows, beyond a doubt, that the courts of record 
have held their terms regularly, and have never been ob¬ 
structed in any manner or form ; that no judicial officer has 
ever been prevented by violence or threats of violence from 
issuing warrants for the arrest of any persons charged with 
the violation of any law, and that no sheriff or other minis¬ 
terial officer has ever been resisted or prevented, in any man¬ 
ner, from executing any writ, or performing any duty, by . 
any citizen of either of said counties. The only case of re¬ 
sistance to the execution of the civil law, as shown by the 
testimony, is that of a soldier in or near the town of Girard, 
who struck and kicked the constable who attempted to arrest 
him under the authority of a warrant issued by a justice of 
the peace. That there * has been violations of law in those 
counties it is true, but in those cases most complained of, to 
wit: The burning of railroad ties and driving surveyors 
from the line of their work, there has been no attempt made 
to bring the offenders to justice, neither before nor since the 
arrival of the troops upon the Neutral Lands. The troops 
have in no instance been called upon to assist in the preser¬ 
vation of the peace or to quell any disturbance whatever. 
They are stationed along the line of the railroad, and are 
quartered in barracks provided for them by the railroad com¬ 
pany. The petitions forwarded to the Governor from citi¬ 
zens of those counties, asking for military aid, was signed 
only by the citizens of Baxter Springs and Girard. The evi¬ 
dence shows that three-fourths of the people of the last men¬ 
tioned place are what is called there “Joy men,” and that the 
petition ’was circulated by one T. II. Annable, of Fort Scott, 
an employee in the land department of the railroad company, 
who also procured the certificate or requisition from Sheriff 
Ryan, of Crawford county, on the 18th day of May last, and 
transmitted them to the Governor. The committee were un¬ 
able to procure the testimony of J. M. Ryan, ex-sheriff, for the 


I 

157 

reason that he had “ gone to Arkansas” three days before the 
arrival of the committee, and William G. Seright could not 
be found in the county of Cherokee. In my opinion the pres¬ 
ence of the troops was procured by the parties interested in 
and claiming title to the land in controversy, for the purpose 
of overawing the people and intimidating them into submis¬ 
sion to the terms offered them by James F. Joy, the so-called 
“railroad king,” who purchased that portion of the tract un¬ 
occupied on the 11th of August, 1866, consisting of about 
670,000 acres, at $1.00 per acre, on nine years credit, which 
sale was made by the Secretary of the Interior, without the 
authority of any act of Congress, and consequently is believed 
by the settlers to be void, as they have been so advised by 
eminent legal counsel. 

The papers presented to the Governor, however, show on 
their face that the military force asked for was for the “preser¬ 
vation of the peace,” and that officer states in his testimony 
that he made application to the President for that purpose. 
The question here arises, “ Was this application made by the 
proper authority?” Section four of article four of the con¬ 
stitution of the United States, authorizes the legislature of the 
State to make application to the United States to protect the 
State against “domestic violence,” but, in my opinion, there is 
no authority conferred upon the executive to make such an 
application, except in cases “ where the legislature cannot be 
convened,” and it has been held that the application must 
show that fact on its face. In this case the legislature might 
have been convened by proclamation, under the provisions of 
section five, article one, of the State constitution. There was 
no “domestic violence” in the State to prevent it, and. in fact, 
the papers from the Governor’s office show that five hundred 
and eighty-seven of the very men who are charged as being 
rebellious, lawless and insurrectionary, petitioned the Gov¬ 
ernor to convene the legislature for the purpose of taking the 
matter into consideration. Section four of article eight, of 
our State constitution, entitled “militia,” reads as follows: 
“ The Governor shall be commander-in-chief, and shall have 
power to call out the militia to execute the laws, to suppress 
insurrection, and to repel invasion,” and it seems to me that 


158 


the military power of the State, if any was needed in this 
case, should have been brought into requisition before any 
application was made for federal soldiers to be stationed in 
Kansas, to the disgrace of the State. The impression is 
created abroad that there is now existing on the Cherokee 
Neutral Lands, in Kansas, a rebellion so formidable that the 
militia of the State cannot suppress it, and therefore federal 
bayonets are brought to bear upon the settlers there. The 
same pretext that is used in this case, for the purpose of sta¬ 
tioning United States troops in those counties, could be as 
consistently used in nearly every county in the State, and yet 
Kansas is famed for her loyalty and devotion to the principles 
of our democratic-republican government. Believing that 
standing armies in time of peace are dangerous to liberty, 
and that the military should at all times be in strict subordi¬ 
nation to the civil authority, and that the presence of troops 
upon the Neutral Lands, at this time, is a source of irritation 
to the people, and is humiliating to thousands of as true men 
as ever followed the flag of our Union in its hour of peril, I 
submit the following concurrent resolution, and recommend 
its adoption : 

Resolved , By the House of Representatives, the Senate 
concurring: 1. That the President of the United States be, 
and he hereby is, respectfully requested to cause the troops 
now stationed upon the Neutral Lands in Kansas, to be 
removed and sent to the frontier for the protection of settlers 
from Indian hostilities. 2. That the Secretary of State be 
instructed to transmit a copy of these resolutions to the 
President of the United States, without unnecessary delay. 

All of which is respectfully submitted. 

AMOS SANFORD, 

Chairman. 


159 


Be it resolved [by the House of Representatives of the Legislature 
of Kansas? 

That a select committee of five be appointed to take into 
consideration that portion of the Governor’s Message which 
refers to the Neutral Lands, to investigate the matter of 
sending United States troops there, and to ascertain whether 
or not there ever existed any necessity for the aid of the 
military arm of the Government on said lands, and if so, 
whether or not that necessity still exists. Said committee 
are hereby authorized and empowered to send for persons and 
papers, take testimony of witnesses, and administer oaths. 

t 

Adopted by the House of Representatives, Feb. 4, 1870. 

HENRY C. OLNEY, 

Chief Clerk. 


Resolved , That the special committee appointed under the 
resolution providing for a committee to consider that portion 
of the Governor’s Message pertaining to the Cherokee Neu¬ 
tral Lands, be authorized to visit that region, and report upon 
the acts of both the people and the troops there located. 

Adopted by the House of Representatives, Feb. 4, 1870. 

HENRY C. OLNEY, 

Chief Clerk, II R. 



160 


REPORT OP MR. SNEAD. 


Mr. Speaker : The undersigned, one of the Committee 
appointed by your honorable body to investigate the matter 
of sending United States troops to that portion of the State 
known as the Cherokee Neutral Lands, and to ascertain, 
whether there ever existed any necessity for the military 
arm of the government there, and, if so, whether or not said 
necessity still exists, respectfully reports that he is unable to 
agree with the majority of the Committee in this: That the 
said majority have clearly enlarged the jurisdiction of the said 
Committee and the scope of inquiry which they were em¬ 
powered to make by the House; for the undersigned cannot 
be mistaken in presuming that it was the intent and purpose 
of the House to limit the inquiries of the Committee to the 
service of process, and the enforcement of law, on the 
district known as the Neutral Lands; whereas, the majority 
of the Committee insisted upon giving their inquiries an 
unlimited range over the whole field of sentiment and action 
of the people of said lands, whether it had anything to do 
with the administration of justice, or the serving of processes, 
or not. For example, it will be seen from evidence that the 
Committee went into an investigation of an alleged speech 
made by the Hon. Sidney Clarke, a member of Congress from 
this State, on a certain occasion, and also of the speeches 
made by other parties at the same and other occasions. 
What this had to do with the resistance of civil process, the 
undersigned could not see, and therefore, of course, objected 



161 


to the same, though in vain. Since the majority of the Com¬ 
mittee seemed to him to be upon a political rather than a bona 
fide legislative mission, and bent rather on making capital 
against some fancied political enemy than in reporting plain 
facts, on a very plain matter, submitted to them for inquiry 
report. 

And it will be perceived, by reference to the testimony 
accompanying the report of the majority of the Committee, 
that very much is of this kind and description, to-wit: 
Entirely irrelevant to the inquiry submitted to them for 
investigation; and if, in order, the undersigned would respect¬ 
fully submit the propriety of striking out all such evidence 
before publication, as manifestly irrevelant to the objects and 
purposes for which such Committee was constituted and 
appointed. 

Nor is this all; a large proportion of such evidence will be 
found to be mere hear say, and consequently incompetent, 
under any legal rules of evidence, the undersigned having 
frequently objected to the same, but without effect. For 
example, the entire evidence in relation to the burning of 
certain ties heretofore mentioned or referred to in the public 
prints, consists of the testimony of parties who heard a man 
say, who acknowledged himself a Leaguer, that the Leaguers 
burned them. No names are given in this connection, nor did 
the Committee insist on having the names of the said third 
party who thus represented himself as' a Leaguer, that he 
might be found, and the credulity of the story thus tested. 

A gain, the Committee, as if recently charged by that great 
enemy of secret societies and associations, Senator Pomeroy, 
to institute rigid inquiry into all the requirements of such 
associations, and presentment make to the legislature, pro¬ 
ceeded to swear men and compel them to disclose, in detail, 
all the internal paraphernalia of such associations; “what 
the design of such association was; whether they were gov¬ 
erned by an oath, etc.;” while the undersigned insisted (but 
insisted in vain, as before,) that the only necessary and proper 
questions to be put to such witnesses, were, whether their 
association had for its object and purpose the resistance to 
law and the service of process. Whether the said evidence 
11 


162 


will be interesting to the members of the House or not, the 
underisgned will not underbake to decide; but he does say, 
that it showed no criminal interest or purpose on the part 
of the members of such association, at which a majority of the 
Committee seemed to be very much disappointed and dis¬ 
gusted, and, as a last resort under the smarting of such 
disappointment, it will scarcely be believed by the House that 
the Committee summoned before them the party known as 
the wild man of the prairies, or the gorilla, whom members 
of the House will recollect to have read of in the public press 
of last fall, as ranging over Southern Kansas, and infesting 
its swamps, to the great terror of women and children, and 
proceeded to examine him with all the solemnity of a sensible 
and credible witness, although he freely admitted that he 
had been impeached by no less than ten witnesses at the last 
term of the district court in Crawford county. 

The undersigned was further surprised to find a disposi¬ 
tion on the part of a majority of the Committee to encourage 
only such testimony as seemed to square with some precon¬ 
ceived notion or theory of such majority. As an illustration 
of this, one J. W. Davis, having been called and sworn by the 
Committee, proceeded to testify that the League were not 
the evil-disposed persons that they were represented to be, 
which seemed to be entirely unsatisfactory to the majority, 
and, therefore, he was summarily and peremptorily dismissed, 
notwithstanding his protestation that it was unfair to call 
him off in the midst of his evidence. In this connection, the 
undersigned does not overlook the fact that the evidence 
shows several sensational demonstrations or disturbances on 
or about the Heutral Lands, but in no case involving the loss 
of human life, and, therefore, not of so serious consequences 
as frequently occur in the towns and villages along the line 
of the Kansas Pacific railroad, in the western part of the 
State, and the undersigned is apprehensive that the majority 
of the Committee are disposed to attach too much import¬ 
ance to these ebullitions of popular sentiment, if such they 
were. Of course the undersigned does not approve or apolo¬ 
gize for scenes that the evidence shows were enacted there; 
but it is not in proof that the disturbances were made by 


163 


settlers upon the Neutral Lands, or by the Leaguers. The 
undersigned derived the impression from the evidence that 
they were perpetrated in some cases by half-grown boys, in 
others by half-drunken rowdies, and in others, he fears, by 
persons in the employ of, or in the Joy interest. But even if 
they emanated from men goaded by a fancied or real sense of 
injury, the House should remember the answer of Dr. Frank¬ 
lin to the Englishman, who insisted that our revolutionary 
fathers were insurrectionary, and disturbances of the public 
peace, to wit: “That much, very much, should be pardoned 
to the spirit of liberty.” So, much, very much, should be par¬ 
doned to people goaded by a sense of injury; and, when you 
remember that two Presidents of the United States, and 
other governmental authorities invited the people to settle 
upon these lands, from which they are now to be summarily 
expelled by certain action of the Secretary of the Interior 
and Senate of the United States, pronounced by the Governor 
of the State, and two legislatures thereof, as infamous, their 
action in the matter ought to to be charitably regarded, and 
much more, when it does not appear from the- report of the 
Committee that the officers of the law were even resisted 
there, or that the body and mass of the settlers are not a 
law-abiding, moral and religious.people. 

To proceed to the main points of the case, the necessity, 
for the presence of the military arm of the government on 
the Neutral Lands, the undersigned will be very brief, as the 
evidence (with a slight variation) all points in one direction, 
to-wit: That there was never any necessity for the presence 
of troops there to aid in the service of process or the admin¬ 
istration of the laws. For example: First, In point of 
credibility and respcctibility, certainly, in the opinion of 
every member of the Committee, J. E. Williams, post-master, 
of Baxter Springs, and J. W. Hightower, of the same place 
unqualifiedly and emphatically state that no such necessity 
ever existed, and they are supported in this by the county 
attorney of Cherokee county, and the under sheriff of Craw¬ 
ford county, both of them evidently most respectable men, as 
well as the county clerk of the same county, and five or six 
other witnesses, equally credible, but perhaps not so prominent 
in society. 


> 


164 


Indeed, no one party testifies that the courts were ever 
obstructed in the execution or enforcement of the law, or that 
the service of process was ever resisted, except in one case, 
and that by United States soldiers, since they were posted in 
that vicinity ; and there was almost a universal concurrence 
of opinion that the presence of United States soldiers was no 
longer necessary there. And it is worthy of notice that two- 
thirds of all the witnesses testifying are in sympathy with 
J. F. Joy and the railroad company, so that due allowance 
ought to be made for their prejudices and prepossessions in 
the premises. Of course, it will be readily supposed that the 
very first inquiry made by the Committee, on its arrival at 
the scene of action, was for the public authorities to-wit: the 
sheriffs of Cherokee and Crawford counties, upon whose re¬ 
quisition Ilis Excellency, the Governor, was induced to call 
for United States troops to assist in the enforcement of the 
laws of the State upon the Neutral Lands; and, to our great 
surprise and disappointment, they had both left the country, 
one of them reported as defaulter to a considerable amount to 
his county, and the other, as was supposed, to avoid the alter¬ 
native of testifying before the Committee. 

The undersigned, therefore, both from this circumstance 
as well as from the general tenor of the evidence bearing 
upon the point, is forced to the belief that His Excellency, the 
Governor, was originally imposed upon with reference to the 
necessity of sending the said troops to the Neutral Lands, 
and can not fail to believe that in view of the evidence pro¬ 
duced by the Committee, he will speedily withdraw them; 
because their presence there is an impeachment of the char¬ 
acter of the people of that section, and a standing disgrace 
to the State of Kansas. And instead of promoting the public 
peace, the presence of troops, stationed there to overawe the 
people, is calculated to stir up ill-feeling, make any breach 
which may already exist deeper and wider in the public mind, 
the undersigned, therefore, submits the following resolution : 

Resolved, That the Governor be requested to take the 
necessary steps to secure the removal of the United States 
troops from the Neutral Lands to the western frontier of 
Kansas, to protect the settlers there from the threatened 
depredations of the Indians. 

J. H. SNEAD. 


LB 0 ’08 


















































































































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